An applicant sought bail during trial, arguing innocence and parity with a co-accused. The court found it a fit case for bail and ordered release subject to specific conditions regarding summons and conduct.
Applicant released on bail on personal bond and two sureties subject to conditions regarding attendance and summons.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15497 of 2021 Applicant :- Smt. Sanawwar Jahan Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Mohd. Aslam
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 12 of 2021, under Sections 363, 366 IPC, P.S. Khatauli, District Muzaffar Nagar.
It is contended that the applicant is innocent and has been falsely implicated in this case. The applicant is in jail since 19.01.2021 and has no criminal history. The applicant is mother in law of the victim. It is further submitted that the applicant has no not committed any offence as alleged. There is no independent reliable eye witness of the alleged incident. It is further submitted that no specific role has been assigned to the applicant. It is further submitted that role of applicant is distinguishable from that of co accused Ishan.
It is next submitted that co-accused Imran has been granted bail by this Court vide order dated 15.6.2021 passed in Criminal Misc. Bail Application No. 15528 of 2021 respectively, therefore, applicant is also entitled to be released on bail on the ground of parity.
I have perused the bail order of co accused and find that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Smt. Sanawwar Jahan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) 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.
(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 IPC.
(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., 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 IPC.
(iv) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
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 :- 15.7.2021/RavindraKSingh
1 issue framed by the court
Whether the application for bail is maintainable and if the applicant is fit for release on bail conditions.
Smt. Sanawwar Jahan
Shekhar Kumar Yadav
As recorded by the court registry
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