This judgment grants bail to the applicant in a 2nd bail application. The court considered the bail status of co-accused persons and the severity of the charges, finding it a fit case for bail, subject to specific undertaking conditions.
Bail granted on personal bond and two sureties subject to undertaking conditions regarding attendance and trial conduct.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34775 of 2021 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia,Imran Mabood Khan Counsel for Opposite Party :- G.A.,Parvez Alam
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. Mr IMohd. Israr, Advocate holding brief of Mr Parvez Alam, learned counsel for the informant is present.
This is 2nd 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. 495 of 2019, under Sections 302, 328,120-B IPC, P.S. New Agra, District Agra.
The first bail application was rejected vide order dated 15.10.2020 passed in Criminal Misc. Bail Application No. 21479 of 2020. The changed circumstances in filing the instant petition is that co-accused Gulshad has been enlarged on bail by coordinate Bench of this Court by order dated 30.7.2020 passed in Criminal Misc. 2nd Bail Application No. 27333 of 2020. It is further submitted that co accused Riyazuddin has been enlarged on bail by coordinate Bench of this Court by order dated 6.7.2020 passed in Criminal Misc. Bail Application No. 17749 of 2020, therefore, applicant is also entitled to be released on bail on the ground of parity.
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 the applicant applicant has not been assigned any specific role and he has no criminal history and is in jail since 25.09.2019.
I have perused the bail orders of co accused and find that the role assigned to the present applicant is almost similar to that of co accused persons who has already been enlarged on bail by this court.
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.
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.
Let the applicant- Akash, 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.
(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.
(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.
(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.
(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.
(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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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.
Order Date :- 28.11.2022/RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.28 16:14:38 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 the bail status of co-accused and severity of charges.
What conditions should be imposed on the applicant to secure his release on bail.
5 provisions across 2 enactments
Akash
Shekhar Kumar Yadav
As recorded by the court registry
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