Held the bail application of Afjal Warsi in a criminal trial is allowed. The applicant was directed to furnish a personal bond and two local sureties. Conditions regarding presence and non-misuse of bail were imposed.
Released on bail with personal bond and two local sureties, subject to conditions preventing flight, tampering, absence, and abuse of process.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36381 of 2022
Applicant :- Afjal Warsi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Counter affidavit on behalf of the State and rejoinder affidavit on behalf of the applicant filed in the Court today are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant- Afjal Warsi with a prayer to enlarge him on bail in Case Crime No. 464 of 2022, under Sections 411, 413, 414 I.P.C., Police Station- Kalyanpur, District- Kanpur Nagar, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. He further submits that there is no independent witness of the alleged recovery. It is next contended that the applicant neither involved in any type of criminal activities nor committed the alleged crime in question. It is further submitted that co-accused Rehan has already been enlarged on bail vide order dated 29.11.2022 passed in Criminal Misc. Bail Application No. 36125 of 2022 and the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para- 6 of the affidavit filed in support of bail application and para- 4 of the supplementary affidavit. It is next contended 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. The applicant is in jail since 09.06.2022.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on
record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 13.12.2022 SK Srivastava
Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.12.13 17:28:06 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Afjal Warsi ought to be released on bail in FIR case p. no. 464 of 2022 under Sections 411, 413, 414 I.P.C.
5 provisions across 2 enactments
Afjal Warsi
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
