Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19387 of 2021 Applicant :- Irfan Opposite Party :- State Of U.P Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Avinash Pandey, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.
A first information report was lodged against the applicant as Case Crime No.35 of 2018 at Police Station- Kairana District- Shamli on 17.01.2018 under Sections 420, 467, 468, 379, 427, 504, 506 IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge (FTC)/ Special Courts for MP and MLA, Shamli on 06.04.2021.
The applicant is in jail since 31.03.2021, pursuant to the said F.I.R.
Sri Avinash Pandey, learned counsel for applicant contends that the role assigned to the applicant in the FIR is of theft of standing crops. The main co-accused Arshad, Mehmood, Nahid have already been granted bail by this Court by orders dated 22.04.2020, 07.09.2020 and 12.2.2020 passed in Criminal Misc.
Bail applications No. 11545 of 2020, 19079 of 2020 and 6734 of 2020 respectively. The case of the applicant stands on better footing than the aforesaid co-accused persons. The applicant is clearly entitled to parity with other co-accused for grant of bail. The applicant does not have criminal history apart from this case. Lastly it is submitted by Sri Avinash Pandey, learned counsel for the applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Irfan be released on bail in Case Crime No.35 of 2018 at Police Station- Kairana District- Shamli under Sections 420, 406, 380, 457, 323, 352, 379, 120B, 427, 504, 506 IPC on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(ii) 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 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.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the 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 of the Indian Penal Code.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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 :- 19.5.2021 Nadeem Ahmad Digitally signed by Justice Ajay Bhanot Date: 2021.05.24 09:56:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad