Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39071 of 2021 Applicant :- Sartaj Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal,Noor Saba Begum Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Mr. Noor Ullah, holding brief of Ms. Noor Saba Begum, learned counsel for the applicant and Sri S.B. Maurya, learned A.G.A. 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- Sartaj, seeking enlargement on bail during trial in connection with Case Crime No. 546 of 2020, under Sections 498-A, 323, 304-B, 302 I.P.C.
and Section 3/4 D.P.Act, registered at Police Station Dadri, District Gautam Buddh Nagar.
Learned counsel for the applicant argued that the applicant is the dewar of the deceased. It is argued that applicant has been falsely implicated in the present case. It is further argued that applicant is living separately from the deceased and her husband. It is further argued that deceased died as a result of fire arm injury and Doctor has found that fire arm injury had an entry and exit. It is argued that said injury was also having blackening present around it and as such the injury was from a close quarter. It is also argued that common and general role has been assigned as many as 13 accused person in the F.I.R. including the applicant without any specification whatsoever. It is further argued that identically placed co-accused Aas Mohammad who is also the Jeth of the deceased has been granted bail by this Court vide order dated 01.07.2021 passed in Criminal Misc. Bail Application No. 13410 of 2021 (Aas Mohammad Vs. State of U.P.), copy of which has been annexed as annexure 6 to the affidavit in support of bail application. It is further argued that co-accused Smt. Nageena who is the Jethani of the deceased has also been granted bail by the coordinate Bench of this Court vide order dated 13.09.2021 passed in Criminal Misc. Bail Application No. 33098 of 2021 (Nageena Vs. State of U.P.), copy of which has been produced before this Court which is taken on record.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit and he is in jail since 01.03.2021 and charge-sheet in the matter has been submitted and investigation has concluded, there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, co-accused Aas Mohammad and Smt. Nageena have been granted bail, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Sartaj 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.
Order Date :- 24.12.2021 Vikram (Samit Gopal,J.)