Imran Ahmad Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Imran Ahmad Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Imran Ahmad enlarged on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to seven enumerated conditions; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Imran Ahmad, involved in Case Crime No. 61 of 2020 (P.S. Rani Ki Sarai, District Azamgarh), should be enlarged on bail.

Court's answer

Bail granted: the applicant Imran Ahmad is enlarged on bail in Case Crime No. 61 of 2020 on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, the Court acting on the facts and circumstances of the case and the material on record.

Ratio / Principle

Bail made subject to conditions: (1) no tampering with prosecution evidence by intimidating/pressurising witnesses during investigation or trial; (2) sincere cooperation in trial without seeking adjournments; (3) no indulgence in criminal activity after release; (4) presence before the trial court on each date fixed, absence without sufficient cause exposing the applicant to proceedings under Section 229-A IPC; (5) if liberty of bail is misused and proclamation under Section 82 Cr.P.C. issues and the applicant fails to appear, trial court to proceed under Section 174-A IPC; (6) personal presence before the trial court at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C., deliberate default to be treated as abuse of bail liberty; (7) if enlarged on short-term bail under the committee constituted per Hon'ble Supreme Court orders, this bail operates only after the short-term bail ends; breach of any condition to be a ground for cancellation of bail.

Key takeaways

The bail order was passed without expressing any opinion on the merit of the case.obiter¶8
The bail order available on the official website of the High Court is to be taken as the authentic one, and a certified copy is to be submitted before the court concerned as soon as it is issued.obiter¶8

Detailed headnote1 paragraphs

Bail granted (order dated 24.9.2020, Neeraj Tiwari, J.) to Imran Ahmad, applicant in Criminal Misc. Bail Application No. 20124 of 2020, accused in Case Crime No. 61 of 2020, Police Station Rani Ki Sarai, District Azamgarh, under Sections 147, 148, 149, 307, 332, 353, 504, 506, 188 I.P.C., Section 3 Epidemic Disease Act, Section 51 Disaster Management Act, 2005 and Section 7 Criminal Law Amendment Act. The Court, 'considering the facts and circumstances of the case and also perusing the material on record' and 'without expressing any opinion on the merit of the case', enlarged the applicant on bail on his executing a personal bond and two sureties each in the like amount. Principal ground urged was parity with co-accused Mohammad Ahmad @ Pappu and Mohammad Sadam, granted bail on 3.9.2020 in Criminal Misc. Bail Application No. 24608 of 2020; it was also urged that the applicant had no criminal history and was in jail since 25.5.2020; the learned A.G.A. opposed but could not dispute these facts. Bail made subject to seven conditions covering non-tampering/non-intimidation of witnesses, cooperation without adjournments, no fresh crime, attendance before the trial court (default actionable under Section 229-A IPC), consequences of non-appearance after proclamation under Section 82 Cr.P.C. (Section 174-A IPC), personal presence at opening of case, framing of charge and Section 313 Cr.P.C. statement, and interplay with any short-term bail under the Supreme Court-committee scheme; breach of any condition to be a ground for cancellation. The website copy of the order is to be treated as authentic until certification.

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20124 of 2020

Applicant :- Imran Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Satya Prakash Singh,Yashpal Yadav Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard Sri Satya Prakash Singh, learned counsel for the applicant and learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that co-accused, Mohammad Ahmad @ Pappu and Mohammad Sadam, having an identical role have already been granted bail by this Court on 3.9.2020 in Criminal Misc. Bail Application No. 24608 of 2020, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 25.5.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Imran Ahmad , involved in Case Crime No. 61 of 2020, under Sections- 147, 148, 149, 307, 332, 353, 504, 506, 188 I.P.C., Section 3 Epidemic Disease Act, Section 51 Disaster Management Act, 2005 and Section 7 Criminal Law Amendment Act, Police Station- Rani Ki Sarai, District Azamgarh, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

This bail order would be subject to the fulfilment of following conditions:-

The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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;

In case, the applicant misuses the liberty of bail 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.

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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 24.9.2020 Shivangi