High Court of Judicature at Allahabad heard a bail application by Javed in a murder case. The Court granted bail subject to personal bond and local sureties, imposing strict conditions regarding presence in court, non-tampering with witnesses, and adherence to trial dates.
The applicant be released on bail by furnishing a personal bond and two local sureties.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7820 of 2022
Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra,Ashvani Tripathi Counsel for Opposite Party :- G.A.,Kamesh Kumar Arya
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.631 of 2021, under Sections 302, 506 I.P.C., P.S. Kotwali Shahr, District Bijnor.
Learned counsel for the applicant submits that according to F.I.R. version on 14.09.2021 at about 10:30 a.m. informant's elder brother Mausam Ali was cleaning Kolhu at that time informant and Kherunisha were going to their field, in the meantime, Zakir, Shakir and Jahid having country-made pistol in their hand with intention to kill fired at Mausam, informant made alarm on which the accused persons having country-made pistol threatened him and fled away. He further submits that applicant is not named in the F.I.R. As per statement of Kherunisha, applicant was accosting the deceased. Shakir and Javed caught the victim and Zakir shot at Mausam, it appears unnatural that on catching by two persons, third will fire at the deceased. He further submits that as per postmortem report, single fire arm injury has been found and no blackening and tattooing was present which indicates that fire was made from the distance. The applicant has not committed the alleged offence. He has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 24.09.2021.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant and submit that as per investigation role of catching is assigned to the applicant and weapon used in the incident has been recovered
from the possession of the applicant, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per statement of the eye witness role of applicant and as per F.I.R. version applicant and two other persons fired at the deceased, as per postmortem report single fire arm injury found, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Javed involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 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 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 misuses 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 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.
(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.
Order Date :- 1.6.2022 Jitendra
Digitally signed by JITENDRA KUMAR PATEL Date: 2022.06.02 09:56:21 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving sections 302 and 506 IPC.
What conditions should be imposed on the grant of bail to the applicant.
Javed
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
