Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49686 of 2020 Applicant :- Mohammad Umair Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najam Uz Zaman Khan,Gaurav Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. In fact, scuffle took place between the parties and ultimately brother of one of the accused in the present case has lodged F.I.R. No. 36 dated 24.02.2020 against the opposite party i.e. informant side which was registered under sections 307 & 504 IPC. Later on, after death of injured, Section 302 was also added. As a counter blast, present F.I.R No. 38 dated 24.02.2020 has been lodged by the informant against the applicant. It is next submitted that prior to lodging of present F.I.R., one more F.I.R. has been lodged a day before i.e. 23.10.2020 which was registered as Case Crime No. 34 of 2020 in which applicant has been enlarged on bail by the Court below in Bail Application No. 3210 of 2020. Apart from that case, the applicant does not have any criminal history to his credit. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Mohammad Umair, involved in case crime No. 38 of 2020, under Sections 153-A, 307 IPC, police station -Kotwali Nagar, District -Aligarh be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on Digitally signed by Justice Neeraj Tiwari Date: 2021.01.05 18:25:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
6. 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.
7. 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 :- 5.1.2021 Sartaj