Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27873 of 2021 Applicant :- Asharfi Opposite Party :- State of U.P.
Counsel for Applicant :- Vishesh Kumar Counsel for Opposite Party :- G.A.,Ram Neta Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vishesh Kumar, learned counsel for the applicant, Sri Ram Neta Singh, learned counsel for the informant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Asharfi with a prayer to release him on bail in Case Crime No. 102 of 2021, under Sections 147, 148, 149, 452, 323, 307 IPC, Police Station-Hasayan, District-Hathras, during pendency of trial.
As per the allegations in the F.I.R. lodged by Ram Naresh against the applicant and 8 others, on 06.05.2021 at about 09:30 am, when the informant's brother Umesh along with his nephew Abhay Pal was going on motorcycle, towards their fields, the accused persons carrying illegal weapon fired indiscriminately. It has also been alleged that Abhay Pal was beaten by lathi and danda and when they tried to save themselves by running to the house, the accused persons entered in the house of the informant and attacked by fire arm, lathi, danda and axe (farsa) due to which Umesh, Guddu, Abhay Pal, Gayadevi, Boby, Mayank, Rakesh and Turram Singh sustained injuries. In a second set of incident, which took place on the same day, the F.I.R. has been lodged by Rajesh Kumar son of Roop Singh, one of the accused in the earlier FIR, against as many as 17 accused persons.
It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to political rivalry. It has further been submitted that as per the statements of injured, it has not been specified as to who was carrying which weapon and who has caused injury to whom. It has further been submitted that no specific role has been assigned to any of the accused and only general allegations are against all the accused persons of causing injury of fire arm, lathi, danda and axe (farsa), whereas as per the medical report of the injured, injuries are simple in nature. It has further been argued that the applicant has no criminal history except the present case and is languishing in jail since 08.05.2021. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned A.G.A. as well as counsel for the informant have opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative(s)/counsel of the applicant along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 Jitendra/-