Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23413 of 2021 Applicant :- Sharif And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Irshad Ahmad,Sujan Singh,Tej Bhan Singh Counsel for Opposite Party :- G.A.,Ashish Chitranshi,Girish Kumar Yadav
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 163 of 2021, under Section 147, 148, 149, 323, 504, 506, 307 IPC, P.S.
Hayat Nagar, District Sambhal.
Learned counsel for the applicants submits that according to FIR version, incident occurred at about09.30 p.m. on 20.04.2021 Usman and Ekram abused and committed marpeet with Abdul Qadir, Khuvaid and Mohd. Nasir. He further submits that Mohd. Nasir received injuries on the right side of the forehead and Khuvaid received injury on right side of the face. He further submits that no injury has been caused on vital part of the body. No bony injury has been caused to any of the injured. He also submits that regarding the same incident a FIR has been lodged, i.e., Case Crime No. 162 of 2021 before lodging the present FIR and in the incident Yunus, Ekram and Usman received injury. He next submits that Alfaiz and Majid accused in Case Crime No.162 of 2021 have been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.24023 of 2021. He further submits that either side has not received injury on vital part of the body. Applicants have no criminal history. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 23.04.2021.
Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicants. Learned counsel for the informant further submits that no bony injury has been caused to any side and regarding the same incident both sides have lodged the FIR.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of injury and perusing the materials on record, enlargement of accused on bail in case registered from applicant side, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicants Sharif and Rizwan involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicantd 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 29.7.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.07.30 11:33:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad