Court No. 70 granted bail to applicant Nawab Gujjar in a criminal case involving Sections 452, 392, and 364 IPC. Bail was granted on the ground of parity with co-accused, subject to standard conditions including filing of personal bond and sureties.
Applicant released on bail with personal bond and two local sureties, subject to standard conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27919 of 2020
Applicant :- Nawab Gujjar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.,Kesh Mani Dubey
Hon'ble Ali Zamin,J.
Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.351 2013, under Sections 452, 392, 364 IPC, Police Station Budhapur, District Bijnor.
Learned counsel for the applicant submits that the case of the applicant is at par with the co-accused Sarfarajz, Irshas and Qamil, who have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 12.10.2020, 17.06.2020 and 30.09.2020 in Criminal Misc. Bail Application Nos.30283 of 2020, 2347 of 2020 and 24597 of 2020, respectively therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is criminal history of five cases, including present, against the applicant, which have been explained at Para 10 of the affidavit and he is languishing in jail since 08.09.2020.
Per contra, learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant by submitting that the bail of the co-accused were granted on the ground of delay of trial, therefore, he is not entitled to be enlarged on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail 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-
Nawab Gujjar involved in aforesaid case crime be released on bail on his/her 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 shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.1.2021 Zafar
Nawab Gujjar
State of U.P.
Ali Zamin
As recorded by the court registry
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