Allowed

Sahid and Another v. State of U.P.

Allahabad HC5 Jul 2021BAIL/5622/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5622 of 2021, the Allahabad High Court granted bail to applicants accused of assault and dowry-related offences under IPC sections 307, 354, and others, imposing strict conditions to ensure trial attendance.

What did the court decide?

Applicants released on bail subject to personal bond, undertaking against adjournments, and attendance at trial dates; sureties required within one month of court restoration.

Sahid and Another Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5622 of 2021

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Applicant :- Sahid And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kesh Mani Dubey,Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Kesh Mani Dubey, and Sri Ashok Singh, learned counsel for the applicants as well as learned A.G.A for the State and perused the record.

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Despite of the best effort Sri Sunil Kumar Dubey, learned counsel for the informant is not connected virtually.

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With aid and help of learned AGA, the Court is proposing to decide the bail application of applicants- Shahid and Shan Mohammad are in jail since 07.11.2020.

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By means of this application, the applicant who is involved in case crime no.728 of 2020, under Sections 452, 354, 354B, 307, 323, 504 and 506 IPC, P.S. Baghpat, District Baghpat is seeking enlargement on bail during the trial.

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The present bail application is filed way back on 27.01.2021, since then for the one reason or the other, the matter is being lingered on for six good months. The present FIR was got registered by the brother of the victim Shamim, according to him the marriage of the sister of the informant with the applicant no.1 about 8 years back. Contention raised by the learned counsel for the applicant that the victim remains issueless and on this score from last two years she was residing with her brother and from there she was contesting the case of divorce as well as dowry related prosecution against her own husband and his family members. Submission made by learned

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counsel for the applicant is that an FIR was got registered on 04.10.2020 for the incident said to have been taken place day prior with the allegation that all the accused persons jointly barged inside the house of the informant and started hurling filthy abuses. The applicant no.1 Shahid assaulted by knife whereas Shakil (jeth of the victim) has tried to strangulate her by neck by rope and Shan Mohammad another co-accused has tried to physically misbehave with her. The injury report indicates that the girl has sustained seven injures over her person and injury no.1 is caused by sharp edged weapon, whereas injury nos. 2 to 7 are caused by hard and blunt object. Injury no.2 was kept under observation but there is no abnormality were seen in opinion of the expert of E.N.T.. Therefore, in totality of the circumstances the incised wound is on the parietal region but having negligible measurement cannot be said to be fatal to the life of injured.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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Taking into account the nature of injury inflicted and period of his incarceration have already undergone and keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicants, Shahid and Shan Mohammad , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/ARE PRESENT IN COURT. IN CASE OF DEFAULT OF

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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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT/APPLICANTS 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/APPLICANTS IS/ARE 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 HIS/HER/THEIR 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/APPLICANTS.

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In case of breach of any of the above conditions, it

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shall be a ground for cancellation of bail.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 :- 5.7.2021

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Abhishek Sri.

Sahid and Another v. State of U.P.

Case brief

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Sahid and Another v. State of U.P.

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