Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52277 of 2019 Applicant :- Faheem Opposite Party :- State of U.P.
Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Faheem., who is involved in Case Crime No.0373 of 2019, under Section 304 I.P.C. P.S.- Kotwali, District- Mathura.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is not named in the F.I.R.. He is innocent and has been falsely implicated in the present case. The applicant has no previous criminal history as stated in para-10 of the bail application. Chargesheet has been submitted on 23.10.2019.
It is also submitted that the co-accused Arshad, Shahil, Suhail, Shahnawaj, Murshid, Nayee @ Amir, Salman, Shajeb @ Sajib having identical role has already been granted bail by this Court vide orders dated 06.08.2019, 06.08.2019, 01.08.2019, 24.09.2019, 26.08.2019 and 25.09.2019 respectively passed in Criminal Misc. Bail Application Nos.31743 of 2019, 31734 of 2019, 30782 of 2019, 38890 of 2019, 34390 of 2019, 39196 of 2019 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 17.10.2019.
Learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the bail application but conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Faheem be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with 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, if 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 and in order to secure his 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 27.11.2019 Asha