Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46941 of 2020 Applicant :- Firoz Khan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
It is submitted by learned counsel for applicants that applicants are innocent and falsely implicated in this very case crime number. It is also submitted that no specific role has been assigned to the applicants. It is further submitted that applicants and co-accused assaulted the deceased with the help of lathi and danda, as a result thereof, Irshad Khan, died. Prosecution failed to establish that who is the author of the injuries caused to the deceased. Co-accused, Aisv Khan @ Asif and Karim Khan, having an identical role has already been granted bail by this Court on 11.11.2020 & 02.12.2020 in Criminal Misc. Bail Application Nos. 36398 & 36220 of 2020, therefore, the applicant is also entitled for bail on the ground of parity. The applicants have no criminal history to their credit and are languishing in jail since 16.07.2020 & 25.07.2020 respectively. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants- Firoz Khan & Mushahid Khan, involved in Case Crime No. 195 of 2020, under Sections- 147, 148, 302, 504, 506 I.P.C., Police Station- Bhuta, District -Bareilly, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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 of the Indian Penal Code;
5. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
6. The applicants 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 their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.1.2021 Sartaj