Allowed

Bilal v. State of U.P.

Allahabad HC19 Nov 2022BAIL/50541/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant in a case registered under IPC Sections 307, 147 and others. Reliance was placed on the larger mandate of Article 21 and a coordinate bench order granting bail to an identically circumstanced co-accused, while imposing strict conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to eight conditions including presence in court.

Bilal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50541 of 2022

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Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Mishra,Satyendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Copy of the order dated 22.09.2022 relating to co-accused, Saiyad Anas Hasan, passed by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 39486 of 2022 in which he has been granted bail, has been produced by the learned counsel for the applicant in the Court today which is taken on record.

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Heard Sri Praveen Mishra, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Bilal, with a prayer to release him on bail in Case Crime No. 43 of 2022, registered under Sections 147, 148, 149, 153, 307, 323, 336, 504, 506, 34, 327, 427 I.P.C., Section 7 of Criminal Law (Amendment) Act and Section 3/4 of Prevention of Damage to Public Property Act, Police Station- Bekanganj, District- Kanpur Nagar (Eastern Commissionerate), during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that there is no picture or video clip which may show that the alleged crime has been committed by the applicant at the place of occurrence. It is further submitted that identically circumstanced co-accused, Saiyad Anas Hasan has been enlarged on bail by a coordinate Bench of this Court vide order dated 22.09.2022 passed in Criminal Misc. Bail Application No. 39486 of 2022. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 03.06.2022. He has criminal history of two cases explained in paragraph no. 18 of the afÏdavit filed in support of the bail application, namely (i) Case Crime No. 42 of 2022, registered under Sections 147, 148, 149, 307, 323, 332, 333, 336, 353, 427, 504, 506, 153-A, 120-B, 34, 109 & 327 I.P.C, Section 7 of Criminal Law Amendment Act, 2013 and Section 3/4 of Prevention of Damage to Public Property Act, 1984, Police Station- Bekanganj, DistrictKanpur Nagar (Eastern Commissionerate) and (ii) Case Crime No. 44 of 2022, registered under Sections 147, 148, 149, 153, 307, 323, 336, 504, 506, 120-B, 109, 34, 327,

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153-A I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station- Bekanganj, District- Kanpur Nagar (Eastern Commissionerate), in which bail applications are pending before this Court. In case the applicant is released on bail, he will not misuse the liberty.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused, Saiyad Anas Hasan has been enlarged on bail by a coordinate Bench of this Court, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Bilal, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail 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.

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The applicant shall remain present, in person, before the

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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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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Order Date :- 19.11.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.11.19 17:39:00 IST Reason: Location: High Court of Judicature at Allahabad

Bilal v. State of U.P.

Case brief

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Bilal v. State of U.P.

Case brief

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