Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7070 of 2018 Applicant :- Asif Jama Khan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhat Tripathi,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material on record.
By means of this application, the applicants who are involved in case crime no. C-6 of 2005, (Sessions Trial No. 416 of 2017) under Section 302 IPC, P.S. Khakhreru, District Fatehpur are seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicants were summoned under Section 302 and 149 IPC in exercise of power under Section 319 Cr.P.C. after long drawn legal battle ultimately the applicants surrender before the curt on 04.12.2017 and mistakenly moved an application under Section 302 IPC only which was rejected by Additional Sessions Judge/FTC No.2, Fatehpur vide order dated 04.12.2017 itself. Learned counsel for the applicant has drawn my attention to the bail application of the co-accused Shahab @ Ghulam Shahabuddin in Crl. Misc. Bail Application No. 7592 of 2017 dated 07.03.2017 and Zaheer alias Zaheer Ahmad in Crl. Misc. Bail Application No. 50676 of 2017 by order dated11.12.2017 were granted indulgence by this Court. Keeping in view the applicants were summoned under Section 319 Cr.P.C. and he has claimed parity with the co-accused persons. He further submitted that the role of the applicants are identical to that of co-accused. He lastly submitted that the applicants who are in jail since 04.12.2017, is also entitled to be enlarged on bail on the ground of parity.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicants as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail on the ground of parity.
Ali be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. C-6 of 2005, (Sessions Trial No. 416 of 2017) under Section 302 IPC, P.S. Khakhreru, District Fatehpur with the following conditions:-
(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE 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 THEM IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 23.2.2018 Abhishek Sri.