Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45357 of 2020 Applicant :- Shahjad @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.381 of 2020, under Sections 452, 323, 354-B, 504, 506 IPC, Police Station Kairana, District Shamli.
As per the averments made in the first information report lodged on 17.09.2020, when the informant was taking rest at his house the accused applicant came there and started abusing him and when his wife intervened, he misbehaved with his wife and torned her cloths. The informant allegedly caught the accused applicant on spot with the help of his neighbours and handed him over to the police. It is also pointed out that applicant has criminal history of 11 cases.
Learned counsel for the applicant submits that the informant had taken Rs.40,000/- from the applicant and when he had visited to seek refund of such amount the informant assaulted the applicant and various injuries have been caused to him. It is also submitted that though it is stated by the informant that applicant abused and beat him and other persons, but only his wife has been medically examined and there are no injury marks.
Although learned A.G.A. for the State opposes the bail application but does not dispute the facts as have been urged on behalf of the applicant.
Having perused the materials placed on record and considering the fact that there is no independent witness except informant's wife; maximum punishment for the alleged offence is seven years; the applicant is languishing in jail since 17.09.2020; there are no injury report; and the trial is also likely to take sufficiently long on account of Covid-19 pandemic, the applicant is entitled to grant of bail at this stage. Above Digitally signed by JUSTICE ASHWANI KUMAR MISHRA Date: 2021.05.06 18:55:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad observations made in the bail order shall however not be construed as expression of opinion, on the merits, at the stage of Trial.
Let the applicant- Shahjad @ Kala involved in aforesaid case crime be released on bail on his 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.
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 :- 6.5.2021 Ashok Kr.