Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13065 of 2021 Applicant :- Subhash Opposite Party :- State of U.P.
Counsel for Applicant :- Puneet Bhadauria,Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarged him on bail in Case Crime No. 10 of 2021, under Sections 307/323 I.P.C., Police Station Usarahar, District Etawah.
Learned counsel for the applicant submit that according to the F.I.R. version on 20.01.2021 at about 5:30 p.m., Sobharam, Abhilekh, Ramgopal and applicant came by two motorcycles and committed Marpeet with the brother of the informant Mohd. Imran and Mohd. Sazid and on protest applicant and co- accused Kamlesh Kumar fired at Mohd. Sazid with an intention to kill him and he has received fire-arm injury. He further submits that as per statement of injured, gun-shot of co-accused Kamlesh Kumar hit to the injured and the applicant made an air fire to stop the persons coming to his rescue. He further 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. It is next contended that applicant has criminal history of 15 cases, out of which 13 have been explained in Para 15 of the bail application. In Case Crime No.152 of 2008, he has been acquitted and in Case Crime No.102 of 2017, under Sections 307 I.P.C. and in other cases registered against him, has been enlarged on bail. Case Crime No.96/2006, applicant is not involved in the same and he is languishing in jail since 26.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant was in company of co- accused and made fire in the air. He further submits that applicant has criminal history of 14 cases including present, therefore, he is also not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, as per statement of injured fire of co-accused hit to him and applicant made fire in the air, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Subhash involved in aforesaid case crime be released on bail on his/her 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 applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 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 for cancellation of bail.
Order Date :- 12.8.2021/Zafar