Allowed

Sabir v. State of U.P.

Allahabad HC29 Sept 2021BAIL/29817/2021

Case brief

AI extract

What is this about?

This bail application was filed by Sabir, a prisoner, seeking bail pending trial. The High Court Bench of Shekhar Kumar Yadav, J. Appointed a Bench of the Allahabad High Court considered the complicity and severity, and granted bail with conditions.

What did the court decide?

Released on bail furnishing a personal bond and two sureties with conditions of presence in court, no adjournments, and prohibition of misuse of liberty.

Sabir Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29817 of 2021 Applicant :- Sabir Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Mohd. Naushad Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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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. 0283 of 2021, under Sections 147, 148, 149, 307, 23, 342, 420,504, 506 IPC, P.S. Kairana, District Shamli.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that initially in the FIR general role of assault has been assigned to six accused persons including the applicant. It is further submitted that during investigation the Investigating Officer recorded the statement of injured-informant Istkar and one Tosim and has opined that in the incident nine other accused persons are involved. It is further contended that the two injured, namely, the informant and Tosim have specifically assigned the role of causing injury to co accused Mehtab. Role of applicant is only of having country made pistol in his hand and he has not been assigned any role of causing injuries to injured persons. The applicant is in jail since 29.06.2021.

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The applicant has explained the criminal history of four cases in paragraph no. 7 of the bail application and the two cases in which the applicant has been implicated after arrest are under the Gangster Act and Arms Act.

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On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.

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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.

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Let the applicant- Sabir, 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.

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(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.

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(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.

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(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.

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(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.

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(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.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 29.9.2021/RavindraKSingh

Sabir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sabir v. State of U.P.

Case brief

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