Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20168
of 2021
Applicant :- Nadeem
Opposite Party :- State of U.P.
Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Anand Ji Mishra, 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. 291 of 2020 at Police Station- Babugarh, District- Hapur on 01.08.2020, under Sections 411, 34, 120B IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Hapur on 31.03.2021.
The applicant is in jail since 26.02.2021, pursuant to the said F.I.R.
Sri Anand Ji Mishra, learned counsel for applicant contends that the applicant has been falsely implicated in this case. There is no recovery from the applicant. The applicant was not nominated as an accused in the F.I.R. The applicant named in a statement made by a co-accused before the police authorities. Co-accused, namely Zafaryab, Wasi Mohammad @ Hero and Manshad have already been granted bail by this Court. The applicant also claims entitlement for bail on grounds of parity with co-accused. Lastly, it is submitted by Sri Anand Ji Mishra, 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 Peition (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 Nadeem be released on bail in Case Crime No. 291 of 2020 at Police Station- Babugarh, District- Hapur, under Sections 411, 34, 120B 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 C r.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 court 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 :- 21.5.2021 AK Pandey
Digitally signed by Justice Ajay Bhanot Date: 2021.05.23 15:33:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad