Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24259 of 2021 Applicant :- Haider Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 121 of 2021, under Sections 452, 307, 323, 504 & 506 IPC, Police Station - Sungarhi, District - Pilibhit, during the pendency of trial.
Learned counsel for the applicant submitted that accused / applicant is innocent and has been falsely implicated in the present case due to previous enmity. It is further submitted that an FIR has been lodged on 15.4.2021 at about 14:13 hours by alleged incident is of 14.4.2021 at 6:30 p.m. and there is no explanation of delay. The medical examination of injured has taken place on 15.4.2021. From the perusal of the injury report, all injuries except injury no. 3 is simple in nature and injury no. 3 is a fracture of lower part of ulna bone. There is no injury of any sharp edged weapon. The applicant is languishing in jail since 23.05.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and submitted that accused / applicant and other co-accused armed with knife and lathi - danda have come to the shop of injured and beaten him on account of which injured received injuries on part of the body.
Considering the rival contentions of the parties, the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant - Haider, involved in Case Crime No. 121 of 2021, under Sections 452, 307, 323, 504 & 506 IPC, Police Station - Sungarhi, District - Pilibhit, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
3. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
4. 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.
5. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his 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 :- 28.7.2021 Arif