Allowed

Ali Mohammad @ Dablu v. State of U.P.

Allahabad HC14 Nov 2022BAIL/31141/2022

Case brief

AI extract

What is this about?

The court disposed of a second bail application in a Section 307 IPC case. Finding it a fit case for bail while noting the gravity of the offense, the court directed the release of the applicant on a personal bond and two sureties subject to strict trial attendance conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties subject to conditions preventing adjournments and ensuring trial attendance.

Ali Mohammad @ Dablu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31141 of 2022

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Applicant :- Ali Mohammad @ Dablu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Rabindra Bahadur Singh

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Hon'ble Shekhar Kumar Yadav,J.

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This is a second bail application. The first bail application was rejected by this Court vide order dated 13.12.2021 passed in Criminal Misc. Bail Application No.23690 of 2021.

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Heard Mr. Ashok Kumar Singh, learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Rabindra Bahadur Singh, learned counsel for first informant and perused the material available on record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.11 of 2021, under Section 307 IPC, Police Station Bhadohi, District Bhadohi.

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The contention as raised at the Bar by learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. During trial, all witnesses including the injured and first informant have turned hostile. The applicant is having previous criminal history of three cases in which he is on bail. Lastly, it is argued that the applicant is languishing in jail since 09.01.2021 and in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. as well as Mr. Rabindra Bahadur Singh, learned counsel for first informant have vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant- Ali Mohammad @ Dablu involved in the

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aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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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 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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Order Date :- 14.11.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.11.14 13:46:48 IST Reason: Location: High Court of Judicature at Allahabad

Ali Mohammad @ Dablu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ali Mohammad @ Dablu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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