Single judge granted bail to an applicant in a criminal case involving affray, murder attempt, and grievous hurt. The court noted the lack of specific role assigned to the applicant in the FIR and ordered release subject to personal bond and various conditions.
Release of the applicant on bail on furnishing a personal bond and two local sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31189 of 2020
Applicant :- Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,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 release the applicant on bail in Case Crime No. 181 of 2020, under Sections- 147, 148, 149, 323, 307, 452 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Puramufti, District- Kaushambi.
As per F.I.R. version, first informant Sahab Uddin has sustained injuries while he had gone to attend funeral ceremony of the daughter of the Bachcha Miya. He was hit by one Islamul by butt of the Country made Pistol. He has also sustained gun shot injury fired by the Ehatsamsul Haque. It is submitted that name of the present applicant has falsely been shown in the F.I.R., who was also present there to attend the funeral ceremony, with an allegation that the applicant is bearing enmity with the informant but no specific role has been assigned to the present applicant. It is further submitted that present applicant has been falsely implicated in the present matter in a forged and fictitious F.I.R. for some ulterior motive. He has no concerned with the commission of crime as mentioned in the F.I.R. It is further submitted that one of the co-accused Asiruddin has already granted bail from this Court vide order dated 08.10.2020 passed in Criminal Misc. Bail Application No. 31074 of 2020. Learned Counsel has sought parity with the Asiruddin, who was also simply present at the time of incident but no role has been assigned to him. As per F.I.R. he was also present there to attend the funeral ceremony and his licencee gun was snatched by the Ehatsamsul Haque and fired at the present applicant. It is further submitted that Ehatsamsul Haque who has been assigned the main role got arrest stay by this Hon'ble Court vide order dated 14.08.2020 passed in Criminal Misc. Bail Application No. 8046 of 2020. Learned counsel for the applicant further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since
02.07.2020.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, nature of allegation and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant- Mohammad involved in Case Crime No. 181 of 2020, under Sections- 147, 148, 149, 323, 307, 452 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Puramufti, District- Kaushambi, be released on bail on his 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 13.10.2020 Sachin Tiwari
2 issues framed by the court
Whether the applicant is entitled to bail considering the allegations of false implication and parity with a co-accused.
Whether granting bail would result in the risk of tampering with evidence or fleeing the judicial process.
6 provisions across 3 enactments
Mohammad
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
