Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33146 of 2021 Applicant :- Chaman Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Vindeshwari Prasad, learned counsel for the applicant and Sri U.P. Singh, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Chaman Khan, seeking enlargement on bail during trial in connection with Case Crime No. 242 of 2020, under Sections 302/34 I.P.C. and 3/25/27 Arms Act, registered at Police Station Civil Line, District Budaun.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the prosecution case as per the first information report is that in the night of 29/30.08.2020 at about 1AM, the deceased was seen with the applicant, co-accused Zakir, Karru, Wahid and there was a suspicion of the deceased having some illicit relationship with the niece of the applicant due to which the applicant and co-accused persons have murdered him. It is argued that the present case, is a case of circumstantial evidence and there is no eye-witness to the same. The implication of the applicant in the present matter is on the basis of suspicion only. There is recovery of a country- made pistol alleged to have been used in firing from the place where the dead body was found. The dead body was found in the house of co-accused Kareena and Nanhi. The applicant happens to be the chacha of the said two girls. The applicant has been falsely implicated in the present matter. There is no credible evidence to implicate him. The present incident is a night incident. It has also been pointed out that the applicant is not having any criminal history as stated in para 22 of the affidavit and he is in jail since 06.09.2020.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the first information report and there is an allegation of his committing the murder. Even, the deceased was seen with the applicant and co-accused persons prior to the murder.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the naming of the applicant in the first information report is on the basis of suspicion. The present case, is a case of circumstantial evidence. There is no eye-witness to the murder. The dead body of the deceased was found in the house of Daulat Sher.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Chaman Khan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.
(v) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 27.9.2021 AS Rathore (Samit Gopal,J.)