Court allowed Criminal Misc. Bail Application by Arif Ali in a case involving multiple serious offences under IPC and Explosive Substances Act, granting bail subject to bond and strict conditions regarding trial attendance and conduct.
Applicant Arif Ali released on bail by furnishing personal bond and two reliable sureties of similar amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42063 of 2022
Applicant :- Arif Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,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 Case Crime No. 176/2022, under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295-A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B, IPC and sections 4/5 of Explosive Substances Act and Section 7 of Criminal Law (Amendment) Act and section 83 of Juvenile Justice (Care & Protection) Act and sections 3/4 of Prevention of Damages to Public Property Act and section 3 of Explosive Substances Act, Police Station- Kareli, District - Prayagraj.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the applicant was not named in the FIR, though couple of people had been identified and named in the FIR. He further submits that no weapon of crime or any incriminating material was recovered from the possession of the applicant or his pointing out. The applicant is not even seen in any CCTV footage and there is no evidence to connect him with the present case. No identification parade was conducted. The applicant has no previous criminal history. It is stated that after taking note of entire facts and circumstances of the case, coaccused, namely, Faizan and Aashif, have already been enlarged on bail by this Court vide orders dated 12.09.2022 and 12.09.2022passed in Criminal Misc. Bail Application Nos. 40228/2022 and 34747/2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 11.06.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, 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 and keeping in mind 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, namely, Arif Ali, be released on bail in the aforesaid Case Crime Number on 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 the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant 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 the applicant's 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 the applicant, 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 the applicant in accordance with law.
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 :- 21.9.2022 Amit Mishra
Digitally signed by AMIT KUMAR MISHRA Date: 2022.09.21 13:24:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present bail application should be allowed considering that co-accused have already been released on bail.
3 provisions across 2 enactments
Arif Ali
Piyush Agrawal
Amit Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
