Allowed

Himayat and Another v. State of U.P.

Allahabad HC13 Nov 2019BAIL/48340/2019

Case brief

AI extract

What is this about?

This judgment grants bail to two applicants charged with multiple offences including murder and grievous hurt in a cross-case. The court relied on the reformative theory of punishment and the presence of hostile witnesses without establishing the applicants' specific roles. Bail was granted subject to strict conditions regarding trial attendance and preventing misuse of liberty.

What did the court decide?

Granted bail through personal bond and two sureties, subject to strict conditions regarding trial attendance and prohibition of seeking adjournments.

Himayat and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48340 of 2019

¶3

Applicant :- Himayat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.

¶6

It is contended by learned counsel for the applicants that it is a cross case with general allegations. One person died from the side of the applicant and one person died from the side of complainant. It is not known as to which side was aggressor and who caused injury. No specific role has been assigned to the applicants. All the witnesses turned hostile and there is no chance of applicants to be convicted. Applicants are innocent and has not committed the offence as alleged in the FIR. The applicants has been falsely implicated in the present case due to enmity. There is no independent witness of the alleged incident. It is further contended that no specific role have been assigned to the applicants. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. It is further submitted that applicants have no previous criminal history and there is also no possibility of applicants either fleeing away from the judicial process or tampering with the witnesses. Applicants are in jail since 6.4.2019 and 8.4.2019 respectively and undertakes that they will not misuse the liberty, if granted.

¶7

Learned A.G.A. has vehemently opposed the prayer.

¶8

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment , and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶9

Let applicants- Himayat and Shahzade, be released on bail in S.T. No. 154/2019 arising out of Case Crime No. 163 of 2019, under sections 147, 148, 149, 323, 504, 506, 452, 307, 302 and 34 IPC, Police Station- Civil Lines, district- Rampur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶10

(i) The applicants 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.

¶11

(ii) The applicants 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.

¶12

(iii) In case, the applicants 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 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.

¶13

(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 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 them,in accordance with law.

¶14

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.

¶15

Order Date :- 13.11.2019 ssm

Himayat and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Himayat and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kiran Pal and Others Vs State of U.P.and Another

Mohd. Idris Vs State of U.P. and Another

Subhash Vs State of U.P.and Another

Biruddin @ Munna Vs State of U.P.

Om Prakash Sahu Vs State of U.P.

Rizwan Vs State of U.P.