Single judge order allowing bail to accused in a riot and affray case involving sections 147, 148, 307 IPC, considering parity with co-accused and lack of flight risk.
Released on bail with personal bond, two sureties, and additional conditions to appear at trial stages and avoid adjournments.
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. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40497 of 2020
Applicant :- Aash Khan @ Ashu @ Mahafooz Ui Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the bail-applicant Sri Manish Pandey, Advocate and learned A.G.A. for the State Sri Arun Kumar Singh, Advocate are present.
The present bail application is filed on behalf of accusedapplicant-Aash Khan @ Ashu @ Mahafooz Ui Hasan, who is involved in Case Crime No.533 of 2019, under Sections 147, 148, 149, 109, 114, 323, 307, 332, 336, 337, 341, 353, 427, 505 of I.P.C., Sections 3/4 of Prevention of Public Properties Damages Act, 1984 and Section 7 of Criminal Law (Amendment) Act, registered at Police Station Chandausi, District Sambhal.
The occasion of present bail application has arisen on rejection of bail plea of accused-applicant by learned Sessions Judge, Sambhal vide order dated 06.10.2020. A copy of bail application has already been received in the office of learned G.A., pursuant thereto learned A.G.A. for the State is present to protest the bail-application.
Learned counsel for the applicant submits that on bare perusal of F.I.R., it appears that the informant/S.I. Sri Vinod Kumar has lodged a first information report against the accused-applicant and seventeen other persons alongwith one hundred unknown persons on 20.12.2019 with the allegation that on 20.12.2019 at about 15:30 O' Clock the complainant alongwith other police personnel were busy in maintaining peace near Jarai Gate Tiraha infront of Shanu Sweets, where the hundreds of persons reached there and started making slogans against N.R.C., C.A.A. and the Government and they were doing illegal activities. The procession of an unlawful assembly was being leaded by co-accused Zakir Salmani who was giving speech and provoking the crowd for doing illegal activities. The crowd became violent and started damaging the public and private properties. The crowd had also pelted bricks and stones on the
police team with an intention to kill them, by which the police personnel have received injuries. In the meanwhile, the crowd had burnt the Government motorcycle of constable Mohit Kumar with fire, in which the present first information report has been registered.
In the context of above, learned counsel for the accusedapplicant submits that the accused-applicant is wholly innocent person and he has been falsely implicated in the present case due to ulterior motive of the police of concern police station and there is no any independent or public witness of the alleged incident except the police personnel. Learned counsel further submits that neither the applicant was part of the alleged unlawful assembly nor he has participated in any such illegal activities, as alleged in the first information report. Learned counsel further submits that the co-accused Nikki @ Vikky @ Mohd. Rizwan in Criminal Misc. Bail Application No.40228 of 2020 vide order dated 19.11.2020, Bablu @ Dilshad in Criminal Misc. Bail Application No.38750 of 2020 vide order dated 11.11.2020, Inzumam Ali in Criminal Misc. Bail Application No.39610 of 2020 vide order dated 18.11.2020 and Nahid in Criminal Misc. Bail Application No.38194 of 2020 vide order dated 11.11.2020 have been released on bail by the co-ordinate Bench of this Court and the present accused-applicant may also be released on bail on the ground of parity.
Learned counsel further submits that the present accusedapplicant is innocent, he is languishing in jail since 29.09.2020 and if he is released on bail, he would be able to put his defence during the trial and he is not in a position to flee away from the judicial process even abide himself from the order and process of the Court and therefore, he may be granted bail.
Learned A.G.A. vehemently opposes the bail but did not disputed the contentions made by learned counsel for the bailapplicant.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking into the complicity of the applicant-accused in the offence, the gravity of offence, severity of punishment without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant Aash Khan @ Ashu @ Mahafooz Ui Hasan involved in Case Crime No.533 of 2019, under Sections 147, 148, 149, 109, 114, 323, 307, 332, 336, 337, 341, 353, 427, 505 of I.P.C., Sections 3/4 of Prevention of Public Properties
Damages Act, 1984 and Section 7 of Criminal Law (Amendment) Act, registered at Police Station Chandausi, District Sambhal be released on bail on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 as 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.
Order Date :- 20.11.2020 Saurabh
1 issue framed by the court
Whether the bail application filed by the accused charged under sections 147, 148, 307 IPC and others for right to personal liberty should be allowed.
6 provisions across 4 enactments
Aash Khan @ Ashu @ Mahafooz Ui Hasan
State of U.P.
Vikas Kunvar Srivastav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
