Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24649 of 2021 Applicant :- Iliyas Opposite Party :- State of U.P.
Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 207 of 2020 under Sections 147, 148, 149, 302, 324, and 504 IPC, Police Station - Jhinjhana, District - Shamli with the prayer to enlarge the applicant on bail.
As per F.I.R., which has been lodged by brother of the deceased, it has been stated that in front of his younger brother's house there is Gher of Yunus where sons of Yunus and his companion used to work for manufacturing of utensils and hurls abuses and the same was being resisted by the complainant's side because he had three young daughters and then the accused applicant along with other co-accused named in the F.I.R. had come at the place of occurrence armed with sharp edged weapons such as sword, gadasa, lathi-danda, etc. and started assaulting his brother who was standing at the door of his house and after hearing hue and cry, informant's nephew Sameer and nieces reached there then they were also assaulted. The finger of the right hand of Sameer was also cut and informant's brother Yusuf had died in this occurrence. As per post- mortem report, three injuries are said to have been sustained by deceased which were multiple abrasion on head and one lacerated wound on top of head and traumatic swelling on the right side of the head and bleeding was also found happening from mouth and the cause of death is ante-mortem head injury.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the present accused applicant Iliyas was assigned the same role as was assigned to all other co-accused in the FIR and no witness of the incident has elaborately stated that the present accused has assaulted the deceased having a spade (pharsa) in in his hand. All other co-accused, namely, Aqil, Ikram, Noor Mohammad, Moosa and Ismail have been granted bail by this Court, vide bail orders dated 9.2.2021, 8.4.2021, 4.11.2020, 8.1.2021, 8.1.2021, respectively passed in Criminal Misc. Bail Application Nos. 6813 of 2021, 13231 of 2021, 27654 of 2020, 49121 of 2020 and 49494 of 2020, the copies of the bail orders of co-accused submitted by the learned counsel are taken on record of this bail application. Lastly, it is argued that the applicant is in jail since 1.05.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail and he will not tamper with PWs and also will not intimidate in any way the witnesses from the complainant side.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused who have already been granted bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Iliyas involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 29.7.2021 LBY