Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18215 of 2019 Applicant :- Haider Mehdi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- S.M. Nazir Abbas Abedi Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri S.M. Nazir Abbas Abedi, learned counsel for the applicants, Sri Pushpendra Singh Jadaun, learned AGA 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 applicants Haider Mehdi and Hilal Abbas, seeking enlargement on bail during trial in connection with Crime No. 28 of 2016, under Sections 147, 148, 149, 452, 323, 504, 506, 307, 324, 325, 427, 308, 34 of I.P.C registered at Police Station, Kithour, District Meerut.
Learned counsel for the applicants submits that in the incident, members of both the parties have suffered injuries. He further submits that similarly placed six co- accused persons have already been granted bail by this Court and copy of those orders have been annexed as Annexure-12 to this application. It has been argued that the applicants are in jail since 6.3.2019 and the trial may take sometime for its final disposal, therefore, the applicants be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the fact that the similarly placed six accused persons have already been granted bail, without further commenting on merit, I am inclined to release the applicants on bail.
Let the applicants Haider Mehdi and Hilal Abbas be released on bail in the aforesaid case crime number on furnishing a personal bond in a sum of Rs.50,000/- (Fifty Thousand) 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 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 his absence, without sufficient cause, the trial court may proceed against him under Section 229- A I.P.C.
(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 I.P.C.
(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 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 them in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.
However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 30.4.2019 AKK