Single judge allowed bail to the applicant in SLR under Section 394/411 IPC, releasing him on personal bond and two local sureties, subject to conditions of appearance and non-tampering with witnesses.
Released on bail on furnishing personal bond and two local sureties each of like amount to the satisfaction of the concerned court.
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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39030 of 2020
Applicant :- Usman Ali Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State 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.769 of 2019, under Section 394, 411 IPC, P.S. Akbarpur, District Kanpur Dehat.
Learned counsel for the applicant submits that on 26.09.2017 Rs.800/- were looted from the informant by three persons and after 17 days co-accused were arrested by police and on the basis of their confession statement name of the applicant surfaced. He further submits that Rs.1200/- has been shown recovered of the alleged loot. Applicant has been falsely implicated in the present case. He also submits that co-accused Mohammad Nafees, Mohd. Javed and Raja @ Amir Iqbal were also arrested and on the basis of recovery they have been implicated in the same case and they have been enlarged on bail in Criminal Misc. Bail Application Nos. 30773, 36053 and 29277 of 2020. Therefore, the applicant is entitled for bail on the ground of parity. He next submits that the criminal history of the applicant has been explained in para 11 of the affidavit filed in support of the bail application. He further submits that 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 and the applicant is languishing in jail since 01.12.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Usman Ali involved in aforesaid case crime be released on bail on his 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 of cancellation of bail.
Order Date :- 12.1.2021 MAA/-
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused and lack of flight risk.
2 provisions across 1 enactments
Usman Ali
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
