Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20909 of 2021 Applicant :- Saroop Khan @ Shahrukh Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Singh Parmar,Hariom Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through Video Conferencing.
Heard Sri Virendra Singh Parmar, learned counsel for the applicant through Video Conferencing, Sri Virendra Kumar Maurya, learned AGA for the State who has appeared through Video Conferencing.
Perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Saroop Khan@Shahrukh, seeking enlargement on bail during trial in connection with Case Crime No. 320 of 2020, under Section(s) 147, 149, 302, 323, 504, 506 I.P.C. registered at P.S. Sumerpur, District Hamirpur.
Learned counsel for the applicant argued that there are counter versions regarding the same incident which has been taken place on 16.10.2020. It is argued that cross cases being Case Crime No. 320 of 2020 was got registered by Kunwar Bahadur naming eight accused persons and a First Information Report was also got registered by Awesh Khan as Case Crime No. 321 of 2020 naming seven accused persons. Both sides have sustained injuries and there is no explanation regarding injury received by the side of the applicant in the F.I.R. lodged by the other side. It is argued that one person namely Kunwar Singh died in the said incident. The post mortem examination shows that he has received a single injury over his head which was the cause of death. It is argued that as of now aggressor in the present matter cannot be decided.
Learned counsel for the applicant has further argued that co- accused Deen Mohammed@Summa Khan has been granted bail by a co-ordinate Bench of this Court vide order dated 22.3.2021 passed in Criminal Misc. Bail Application No. 8509 of 2021, copy of which has been annexed as annexure no. 16 of the affidavit filed in support of bail application. It is argued that the applicant has no other criminal antecedents as stated in para-31 of the affidavit and is in jail since 07.3.2021.
Per contra, learned AGA opposed the prayer for bail.
After having heard learned counsel for the parties present and perusing the record, it is apparent that both sides have received injuries. There are rival versions of the incident for which two First Information Reports have been lodged. One of the co- accused Mohammed@Summa Khan has been granted bail by a co-ordinate Bench of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Saroop Khan @ Shahrukh, 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 :- 24.5.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.05.24 17:06:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad