In a bail application, the High Court granted bail to the applicant for various offences under the IPC as he was a co-accused to one who had already been released on bail by the same Court.
Release of the applicant on bail subject to a personal bond and two sureties with specific undertakings regarding court attendance.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42120 of 2022
Applicant :- Mohammad Farhaj Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,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. 44 of 2022 , under Sections 147, 148, 149, 153, 323, 332, 333, 336, 353, 427, 504, 506, 120 B, 109, 153 A & 327, 34 IPC and 7 of Criminal Law Amendment Act Police Station- Bekanganj , District - Kanpur Nagar .
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant was not named in the FIR; the applicant was not present at the place of incident; the applicant has not assigned any role of causing nuisance or injury to any one or damaging the public property; the applicant is a victim of police brutality. It is stated that after taking note of entire facts and circumstances of the case, co-accused, namely, Javed Mohammad Khan, has already been enlarged on bail by this Court vide order dated 22.09.2022 passed in Criminal Misc. Bail Application No.41333 of 2022 and he seeks parity of the aforesaid order. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 07.06.2022 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 has 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 has 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 Mohammad Farhaj be released on bail in the aforesaid Case Crime Number on his/her 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 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 his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against 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 presence of the applicant, 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 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 :- 14.10.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.10.14 17:58:41 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the present accused person earlier been released on bail.
What are the conditions of bail to be granted to the applicant.
4 provisions across 2 enactments
Mohammad Farhaj
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
