The Single Judge ordered the release of the applicant Firoz @ Chhote on bail in a murder trial pending at the Muzaffar Nagar court, granting the application and imposing standard bail conditions including personal bond and sureties.
Release on bail with personal bond and two local sureties subject to conditions regarding appearance and undertaking.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39137 of 2020
Applicant :- Firoz @ Chhote Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Tomar,Ankur Varshney Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application has been filed on behalf of the applicant Firoz @ Chhote with a prayer to release her on bail in Case Crime No. 77 of 2020, under Section 302 IPC, P.S. Ramraj, District Muzaffar Nagar, during pendency of trial.
Learned counsel for the applicant-accused has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the similarly placed co-accused Shahan Ali has already been granted bail by co-ordinate Bench of this Court vide order dated 11.11.2020 passed in Criminal Misc. Bail Application Nos. 3860 of 2020 and the case of the applicant stands on the same footing as that of co-accused, who has already been granted bail and the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 27.06.2020 and in case if he enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail but has not disputed the fact that co-accused- Shahan Ali has already been granted bail by co-ordinate Bench of this Court vide order dated 11.11.2020 passed in Criminal Misc. Bail Application Nos. 3860 of 2020.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed .
Let the applicant- Firoz @ Chhote involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to
the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 19.11.2020 v.k.updh.
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a murder case (Section 302 IPC) pending trial considering the co-accused already granted bail.
5 provisions across 2 enactments
Firoz @ Chhote
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
