Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23862 of 2021 Applicant :- Shahid Afridi Opposite Party :- State of U.P.
Counsel for Applicant :- M J Akhtar,Viquar Mehdi Zaidi (Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Shri V.M. Zaidi, learned Senior Counsel assisted by Mr.
M.J. Akhtar, learned counsel appearing on behalf of applicant; learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0165 of 2017, under Section 306, Police Station-Baghpat, District-Baghpat during the pendency of trial.
As per the prosecution case in brief, informant Smt. Faihmida lodged F.I.R. on 11.03.2017 regarding an incident that took place on 07.01.2017, under Sections 302, 201 I.P.C. against three accused persons, namely, Irfan, Danish and Shahid Afridi (applicant).
It is argued by learned counsel for the applicant that applicant is named in F.I.R., but after investigation, charge sheet has been submitted only against Irfan and Danish under Section 306 I.P.C. Since the complicity of the present applicant was found false in the said incident, therefore, he was not charge sheeted by the investigating officer. It is next submitted that the co- accused Danish and Irfan who were named in the F.I.R. and charge sheeted in this case have been granted bail by the co- ordinate Bench of this Court vide orders dated 08.02.2018 and 09.05.2018 in Criminal Misc. Bail Application Nos. 4802 of 2018 and 42559 of 2017. It is further argued that before the trial court statement of informant was recorded as PW-1. Thereafter, applicant was summoned vide order dated 10.07.2018 by the trial court in exercise of power under Section 319 Cr.P.C., which was challenged by the applicant in Application U/S 482 No.25898 of 2018, in which an interim order dated 01.08.2018 has been granted by the co-ordinate Bench of this Court, but later on it was dismissed and thereafter applicant was arrested and sent to jail. It is also submitted that the case of present applicant Shahid Afridi is on better footing than that of co-
accused Irfan and Danish who have been granted bail, therefore, the applicant is also entitled to be released on bail on the ground of parity. Applicant has no criminal history and he is languishing in jail since 24.03.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute that no charge sheet was submitted against the applicant. He has been summoned in exercise of power under Section 319 Cr.P.C. and the case of present applicant stands on better footing than that of co- accused Irfan and Danish.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that applicant was not charge sheeted and he has been summoned under Section 319 Cr.P.C. to face trial as well as co-accused Irfan and Danish have been granted bail. Applicant has no criminal history and he is languishing in jail since 24.03.2021. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shahid Afridi 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(ii) 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.
(iii) 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. is issued and 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 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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.27 17:09:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad