Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13231 of 2021 Applicant :- Ikram Opposite Party :- State Of U.P Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Ikram, who is involved in Case Crime No. 207 of 2020 under Sections 147, 148, 149, 302, 324 & 504 of I.P.C., P.S. Jhinjhana, District Shamli.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; that general role has been assigned to the accused applicant and nothing has been recovered from his possession. Learned counsel has drawn attention towards the confessional statement of co-accused Akil and Iliyas and both of them had stated that Iliyas was armed with Farsa and Akil was armed with Sabbal and they had assaulted the deceased. In the light of these statements, it is argued that the injuries which have been found to have been sustained by the deceased were caused by these two co-accused who had confessed their guilt while the accused applicant has been falsely implicated. It is further argued that the fatal injury i.e. injury no. 2 which was bone deep which has been caused by those two co-accused Akil and Iliyas and therefore the accused applicant is innocent. It is also submitted that co-accused Noor Mohammad has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 27654 of 2020 by order dated 4.11.2020. Claiming parity, pleading false implication it is lastly contended that the accused applicant is languishing in jail since 16.09.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail. However granting bail to co-accused and parity has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 8.4.2021 Fhd.