The court allowed the bail application of the applicant accused in murder and affray charges. Bail was granted subject to personal bond and sureties, with conditions to prevent misuse of liberty and comply with lockdown directives.
Applicant released on bail subject to personal bond, two sureties, and specific undertakings regarding court appearances.
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. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5150 of 2020
Applicant :- Ashkar Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Rai,Anjani Kumar Rai,Mangla Prasad Rai(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.385 of 2019, under Section 147, 148, 452, 323, 302, 325 I.P.C., Police Station Kotwali, District- Fatehpur with the prayer to enlarge him on bail.
The earlier bail application was dismissed by the Court on the ground of non disclosure of previous criminal history of the applicant.
For the purposes of considering the prayer for bail as addressed in the second bail application, the Court notes that the post mortem report evidences one fatal injury. That injury is not ascribed specifically to the applicant here. Additionally the Court takes into consideration the orders passed on Criminal Misc. Bail Application Nos.52140 of 2019 and 48174 of 2019 in terms of which co-accused assigned an identical role, have been accorded the facility of bail. It has next been submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the
contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Ashkar Hussain be released on bail in the aforesaid case crime number 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:
" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accusedapplicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release. "
Order Date :- 17.6.2020 Vivek Kr.
2 issues framed by the court
Whether the applicant be enlarged on bail in a crime involving charges of murder and affray despite non-disclosure of criminal history in earlier application.
Whether bail can be granted subject to personal bond and sureties in light of lockdown restrictions.
4 provisions across 2 enactments
Ashkar Hussain
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
