Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18802 of 2021 Applicant :- Rihan Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Shad Khan
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 809 of 2019, under Sections 147, 148, 149, 302, 120-B IPC, Police Station - Khurja Nagar, District - Bulandshahar with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant under the above mentioned sections against three named accused Ash Mohammad, Fatah Mohammad, Vakeel and one unknown person. It is further alleged in the report that the complainant's brother Saidu @ Saidal @ Shahid died due to the gun shots made by the named accused and two unknown persons causing injury in the stomach of the deceased.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is argued that the present applicant Rihan was not named in the FIR and co-accused Sajid Saifi, who was also not named in the FIR has already been granted bail by this Court, vide order dated 3.8.2021, passed in Criminal Misc. Bail Application No. 29690 of 2021, a copy whereof submitted by the learned counsel is taken on record of this bail application. It is also submitted that the role assigned to the present applicant was similar to the role assigned to co-accused who has already been granted bail. Lastly, it is argued that the applicant is in jail since 15.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused Sajid Saifi.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Rihan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 13.8.2021 LBY