This bail application was granted to the applicant, who was imprisoned while co-accused were acquitted. The court considered his ailment and the acquittal of similarly situated co-accused as grounds for release on personal bond.
Applicant Intiyaz released on bail by handing over personal bond and two sureties of like amount to the court concerned.
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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50782 of 2021
Applicant :- Intiyaz Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.
The present bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 345 of 2014, under Sections- 147, 148, 149, 307, 326, 504, 506 I.P.C., Police Station-Singhwali Ahir, District – Baghpat.
The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case and in jail since 28.09.2021. It is submitted that the applicant and other co-accused were arrested on 21.08.2014 and the applicant on account of heart aliment was released by the concerned Police from the Police Station concerned and other co-accused were enlarged on bail by the court having jurisdiction. The trial proceeded against other co-accused and conclude with a judgment of acquittal dated 17.06.2015. On coming to know that trial could not be proceeded against one accused i.e. the present applicant (Intiyaz), the Court concerned proceeded with the matter. Pursuant to the order of Court below, the applicant was arrested and sent to jail. Thereafter, an application under Section 439 Cr.P.C. was preferred before the competent Court of jurisdiction which was rejected. As such, present bail application has been moved. Further submission is that the applicant is heart patient and he never misused the liberty granted to him by the concerned Police on account of disease from which he is still suffering. He submitted that in this case, for the purpose of grant of bail, along with ailment of applicant one fact is also required to be considered which is the judgment of acquittal dated 17.06.2015 whereby the coaccused, in case crime in which, the applicant is in jail, have already been acquitted. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A., on the basis of the instructions received, has opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accusedapplicant.
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 as also that co-accused persons having similar role, have been acquitted and without expressing any opinion on the merit of the case, prima facie, the contention of the counsel for the applicant appears to be correct, as such, I find it to be a fit case for granting bail.
Let applicant - Intiyaz be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 :- 7.1.2022/Vinay/-
1 issue framed by the court
Whether the applicant, a co-accused acquitted in a related trial while in jail for another charge involving similar allegations, is entitled to bail.
2 provisions across 1 enactments
Intiyaz
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
