Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21107 of 2021 Applicant :- Irfan Opposite Party :- State of U.P.
Counsel for Applicant :- Shweta Pandey,Punita Pandey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
The matter has been taken up through Video Conferencing.
Heard Ms. Shweta Pandey, learned counsel for the applicant, Sri J.B. Singh, learned A.G.A. for the State who have appeared through Video Conferencing and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Irfan seeking enlargement on bail during trial in connection with Case Crime No.362 of 2020, under Section 302, 201 I.P.C., registered at Police Station Asmoli, District Sambhal at Chandausi.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the applicant himself was the first informant regarding the murder of his mother Smt. Hamsiran and later on one Anees was interrogated by the police on 21.10.2020 who stated that the applicant on a telephonic call expressed to him that he repents murdering his mother, the said statement has been recorded after 23 days of the incident which is clearly an afterthought and except of the said statement, there is no other admissible evidence against the applicant. It is further argued that the doctor conducting the postmortem examination was suspicious of any sexual assault upon the deceased and as such has also taken vaginal slide of the deceased for examination. It is further argued that cause of death opined by the doctor is asphyxia as a result of antemortem injury and ligature mark which is continuous would go to show that she was murdered. It is further argued that co-accused Yaseen has been granted bail by coordinate Bench of this Court vide order dated 15.3.2021 in Criminal Misc. Bail Application No.6611 of 2021, copy of the said order is annexed as annexure no.13 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 28 of the affidavit and is in jail since 25.10.2020.
Per contra learned A.G.A. has opposed the prayer for bail but could not dispute the fact that for the first time the name of the applicant has surfaced in the statement of Anees after 23 days that too while giving the confession to him on telephone.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant was the informant of the present case who has lodged the first information report, the evidence of Anees as has been brought forward by the prosecution has seen the light of the day after 23 days.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Irfan be released on bail in the aforesaid case crime number on furnishing a personal bond 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant 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 applicant 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 25.5.2021 Gaurav Digitally signed by Justice Samit Gopal Date: 2021.05.26 11:26:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad