Allowed

Amir v. State of U.P.

Allahabad HC11 Aug 2023BAIL/34285/2023

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C., the High Court of Allahabad allowed the release of the accused on bail in a case involving sections 308, 504, and 506 IPC. The Court imposed stringent conditions to ensure cooperation with the trial and non-interference with the informant.

What did the court decide?

Accused enlarged on bail with personal bond and two sureties; strict conditions imposed regarding court attendance and non-interference with informant.

Amir Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:163154

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34285 of 2023

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Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A.,Rizwan Sayed,Ziya Uddin

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned counsel for the opposite party, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.244 of 2021 under Sections 452, 308, 323, 504, 506 IPC Police Station Bahadurgarh District Hapur.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant was granted anticipatory bail by a co-ordinate Bench of this Court by order dated 11.07.2022 passed in Criminal Misc. Anticipatory Bail Application No. 4567 of 2022. It is further submitted that the applicant did not misuse the liberty of anticipatory bail. Identically situated co-accused Kasim has already been enlarged on regular bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 21377 of 2022, vide order dated 30.05.2022. The applicant is seeking parity in relief granted to the aforesaid co-accused. Applicant has no criminal

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history apart from this case. The applicant is languishing in jail since 18.07.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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On the other hand, learned counsel for opposite party and AGA have opposed the prayer for bail and submitted that the aforesaid dispute arose when the applicant was cleaning his house. The applicant is an influential persons. The FIR could be lodged against him only after the informant moved application under Section 156 (3) Cr.P.C. The two persons from the informant's side have suffered grievous injuries. The applicant has misused the liberty of anticipatory bail and is constantly pressurizing the informant to withdraw the criminal case.

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Considering the facts and circumstances of the case and taking into account that the identically situated co-accused Kasim has already been enlarged on regular bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 21377 of 2022, vide order dated 30.05.2022, the applicant was granted anticipatory bail by a co-ordinate Bench of this Court by order dated 11.07.2022 passed in Criminal Misc. Anticipatory Bail Application No. 4567 of 2022, applicant has no criminal history apart from this case and 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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6. The bail application is allowed.

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Let applicant-Amir 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)

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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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(vii) The applicant is also directed to execute a personal bond in the court concerned that he shall never entangle or involve in any dispute with the informant, if the applicant is found involved in any dispute with the informant then this bail order shall stand automatically cancelled and it will be open for the court below to take coercive action against the applicant.

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(Renu Agarwal,J.)

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Order Date :- 11.8.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Amir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amir v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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