Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30594 of 2021 Applicant :- Salman And Another Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 226 of 2021, under Sections 147, 148, 149, 323, 307, 302, 201 I.P.C., P.S. Bilsi, District- Budaun and is in jail since 12.5.2021, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Miyan Khan and Mushahid have already been enlarged on bail by coordinate Bench of this Court vide orders dated 3.8.2021 and 11.8.2021 passed in Criminal Misc. Bail Application Nos.26858 of 2021 and 28811 of 2021, respectively, copies of bail order produced by learned counsel for the applicant are taken on record. He further submitted that since the role of the applicants are identical to that of co- accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. though has opposed the prayer for bail, but he accepts the bail parity of the present applicants with co-accused Miyan Khan and Mushahid.
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 applicants Salman and Muzahid 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 applicants 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 applicants 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 applicants misuse 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 applicants 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 :- 19.8.2021 Kuldeep