Disposal of a bail application where the Court granted bail to the applicant on the ground that a co-accused had already been released, without expressing an opinion on the merits of the case.
Released on bail by furnishing a personal bond and two reliable sureties subject to statutory conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51007 of 2021
Applicant :- Arbaj Khan Opposite Party :- State of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,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. 0182 of 2021, under Sections 419, 420, 467, 468, 471, 474, 120-B IPC and under Section 6-A Indian Telegraph Act, Police Station-Kotwali, DistrictGorakhpur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that accusation against the applicant is similar and identical to the co-accused Arif Khan, who has already been released on bail by this Court vide order dated 08.03.2022 passed in Criminal Misc. Bail Application No.50079 of 2021. It is submitted that the recovery shown by the prosecution is fake one. There is no public independent witness to support the story of the prosecution. 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 14.08.2021 and the possibility of conclusion of trial in near future is extremely bleak.
Learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accusedapplicant 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 - Arbaj Khan 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:-
(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 misuse 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 fail 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 31.5.2022 Vinay/-
Digitally signed by VINAY KUMAR Date: 2022.05.31 16:59:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given that a co-accused was previously released on bail by this Court.
Arbaj Khan
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
