Islamuddin Vs State of U.P.

Neutral Citation No. - 2023:AHC:159371

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14705 of 2023

Applicant :- Islamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.,Mohd Faiz

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the material brought on record on the instant application for bail.

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The present application for bail has been filed seeking bail in Case Crime No. 40 of 2023, under Sections 147, 148, 323, 307, 504, 506, 34 I.P.C., Police Station Nawabganj, District Bareilly.

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It is contended by learned counsel for the applicant that there are cross case versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. Identically situated co-accused, Salman, Ahsan, Shoeb and Monu @ Imran have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 16401 of 2023, 16613 of 2023, 16600 of 2023 and 20071 of 2023, vide orders dated 12.04.2023, 24.04.2023, 08.05.2023 and 26.05.2023, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the orders aforesaid. The applicant is languishing in jail since 27.01.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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On the other hand, learned AGA has very vehemently opposed the aforesaid contention.

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Considering the facts and circumstances of the case and taking into account that identically situated co-accused Salman, Ahsan, Shoeb and Monu @ Imran have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 16401 of 2023, 16613 of 2023, 16600 of 2023 and 20071 of 2023, vide orders dated 12.04.2023, 24.04.2023, 08.05.2023 and 26.05.2023, and the applicant is languishing in jail since 27.01.2023, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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Let applicant-Islamuddin be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(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.

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(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.

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(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.

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(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.

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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 7.8.2023 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Islamuddin v. State of U.P.

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Islamuddin v. State of U.P.

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