The High Court allowed the bail application of Aasif, an accused in an Arms Act case. The court held that the applicant made out a fit case for bail despite allegations of false implication, imposing strict conditions regarding trial attendance and consequences of default.
Release on bail with personal bond and two sureties subject to strict conditions of attendance.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29465 of 2020
Applicant :- Aasif Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Pankaj Bharti, learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant, who is involved in Case Crime No. 205 of 2020 under Sections 3/5/25 of Arms Act Police Station Budhana District Muzaffarnagar is seeking enlargement on bail during the trial.
It is contended that the applicant has been falsely implicated in the present case. It is next contended that the other co-accused Shahid Afridi @ Kala and Jabir had already been enlarged on bail by this Court, copy of the orders have been brought on record as annexure No. SA-2 to the supplementary affidavit. It is further contended that in other case registered as Case Crime No. 203 of 2020 under Section 3/25/27 of Arms Act the applicant had already been released on bail by the court below on 26.06.2020, copy of the order has been brought on record as annexure No. SA-1 to the supplementary affidavit, and present case is also based on the same incident. Applicant is languishing in jail since 05.06.2020.
Learned A.G.A. while opposing the bail application has submitted that in purusance of the said criminal case Gangster Act has also been imposed against the applicant but he could not dispute that the other co-accused had already been enlarged on bail by this Court.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Aasif be released on bail in Case Crime No. 205 of 2020 under Sections 3/5/25 of Arms Act Police Station Budhana District Muzaffarnagar on 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 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.
(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) 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 :- 9.12.2020
Shekhar
Digitally signed by Justice Rohit Ranjan Agarwal Date: 2020.12.09 15:35:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a fit case for grant of bail under the Arms Act.
Whether default on bail conditions justifies proceedings under Section 229-A IPC and Section 82 Cr.P.C.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
5 provisions across 3 enactments
Aasif
State of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rohit Ranjan Agarwal
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