In a bail application challenging custody till 29.10.2020, the applicant sought release under various Sections of IPC. The Court, noting that co-accusals had already been granted bail and the bleak prospect of trial conclusion, deemed it a fit case for bail.
Released on bail by furnishing personal bond and two reliable sureties each of like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10513 of 2022
Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in S.T. No. 649 of 2021, Case Crime No. 568 of 2019, under Sections 147, 148, 149, 332, 188, 353, 336, 436, 307, 395, 352, 504, 506, 427 IPC and Section 7 of Criminal Law Amendment Act, Police Station- South, District- Firozabad.
The submission of learned counsel for the applicant is the applicant is in jail since 29.10.2020 and the possibility of conclusion of trial in near future is extremely bleak. The applicant is not named in FIR. His name surfaced during investigation. Further submission is that the allegations levelled against the applicant are similar to those levelled against co-accused namely Adnan, Naushad Birwani Wala, Farman, Zeeshan, Shahzad, who have already been enlarged on bail by this Court vide orders dated 16.09.2020, 06.01.2021, 10.11.2020, 25.11.2021 and 25.10.2021 passed in Criminal Misc. Bail Application Nos. 26360 of 2020, 47172 of 2020, 39088 of 2020, 39199 of 2021 and 38807 of 2021. Accordingly, the applicant is also entitled to bail. It is further stated that the criminal history of the applicant has been explained in para 16 to 23 of the affidavit filed in support of bail application, which is not disputed by learned AGA.
Learned A.G.A., on the basis of instructions, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Danish be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that he 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 misuse 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 fail 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 11.5.2022 Arun/-
Digitally signed by ARUN KUMAR GANGWAR Date: 2022.05.11 16:54:58 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail considering that co-accused have been granted bail by this Court.
Whether imminent conclusion of the trial is possible in the facts and circumstances of the case.
Colour shows how this judgement treated each authority
Naushad Birwani WalaReferred¶7
Criminal Misc. Bail Application No. 47172 of 2020
10 provisions across 2 enactments
Danish
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Saurabh Lavania and Arun Kumar Gangwar
Parties & counsel
