Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52446 of 2021 Applicant :- Badre Alam @ Saddam Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Shukla,Aditya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Sher Bahadur Yadav, learned counsel for the informant as well as learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 160 of 2015, under Sections 147, 148, 149, 307, 352, 504, 506 IPC, at Police Station Uttraon, District Prayagraj.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It has been submitted that the applicant has not committed any offence. As per the version of the F.I.R., the incident took place on 23.7.2015 and the F.I.R. to the said effect has been lodged against the applicant and four other accused persons on the same date. On 13.11.2015 the investigating officer had concluded the investigation and submitted a chargesheet against the co-accused persons. Later on, on an application sent by the informant and received in the S.S.P. Office the investigating officer has further commenced investigation in the aforesaid case crime and on 18.08.2016 a final report has been submitted in favour of the applicant and thereafter four accused persons, have been granted bail by the co-ordinate Benches of this Court in Criminal Misc. Bail Application nos.37781 of 2015, vide order dated 26.09.2016, 34303 of 2016, vide order dated 30.01.2017 and 12434 of 2017, vide order dated 20.04.2017. As per the F.I.R. and the statement of injured recorded under Section 161 Cr.P.C. there is no specific role assigned to any person including the applicant. There is no criminal history of the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 22.09.2021.
On the other hand, learned counsel for the informant as well as learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Badre Alam @ Saddam who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he 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 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 IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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 IPC.
(iv) The applicant 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 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.
(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 applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 23.12.2021 Nitendra