Sri Rizwan Ullah Siddiqui Advocate has filed his vakalatnama on behalf of the first informant which is taken on record.
Counter affidavit filed by learned counsel for the first informant which is taken on record.
Learned counsel for the applicant states that he does not intend to file any rejoinder affidavit for the same.
Heard Sri Gaurav Singh and Sri Jitendra Kumar, learned counsels for the applicant, Sri Rizwan Ullah Siddiqui, learned counsel for the first informant and Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mohd. Ashu Saifi seeking enlargement on bail during trial in connection with Case Crime No. 398 of 2020, under Section 326-A IPC, registered at P.S. Kutubsher, District Saharanpur.
Learned counsel for the applicant argued that although the applicant has been named in the First Information Report and the role has been assigned to him along with his friend of throwing acid upon the first informant and his sister but the injuries received are on the hand and have been stated by the doctor to be superficial to deep burn which are not on any vital part of the body. He further argued that the applicant has no criminal hsitory as stated in para 12 of the affidavit and is in jail since 21.10.2020.
Per contra, learned counsel for the first informant as well as learned AGA opposed the prayer for bail and argued that the applicant is named in the First Information Report and role has been assigned to him.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Mohd. Ashu Saifi, 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 :- 20.1.2021 M. ARIF (Samit Gopal, J.)