Allowed

Shakir Husain v. State of U.P.

Allahabad HC9 Jun 2023BAIL/27956/2022

Case brief

AI extract

What is this about?

Hon'ble Shekhar Kumar Yadav, J. granted bail to Shakir Husain, an accused in a case involving offences under Sections 452, 307, 504, 506 IPC. The High Court fixed several conditions for release, including appearance in court and prohibition against seeking adjournments.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to conditions of court attendance and no adjournment seeking.

Shakir Husain Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:125911

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27956 of 2022

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Applicant :- Shakir Husain Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar,Shahabuddin Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Supplementary affidavit filed today is taken on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 513 of 2021, under Sections 452,307, 504, 506 IPC, P.S. Aonla, District Bareilly.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended by learned counsel for the applicant that there were some friendship between the applicant and the injured Shakeena and the said relationship was opposed by the complainant and due to this reason, the complainant and his family members has implicated the applicant and others. There is no any independent witness of the incident. It is further submitted that co accused Aabid has already been granted bail by this Court vide order date 8.6.2022 passed in Criminal Misc Bail Application No. 15848 of 2022. It is further submitted that as per the medical examination report, injuries caused by the applicant on the finger of the victim and also on the neck are not dangerous to life. It is further submitted that two years have elapsed and the case has yet not been committed to the trial court. The applicant has no criminal history and is in jail since 08.11.2021.

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On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant- Shakir Husain, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be

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verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 229A IPC.

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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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 9.6.2023/RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Shakir Husain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shakir Husain v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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