The High Court held that in the absence of an FIR statement naming the applicant and considering the parity with a co-accused, he should be released on bail despite the severity of allegations.
Released on bail by furnishing a personal bond with two sureties subject to specific conditions regarding court attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7943 of 2023
Applicant :- Safat @ Sablu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. as per statement of victim recorded under Sections 161 & 164 Cr.P.C., the victim has not disclosed the name of the applicant. The name of applicant came into light on the basis of information given by informer. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The coaccused Kanhaiya Sharma has been granted bail by co-ordinate Bench of this Court vide order dated 09.02.2023 in Criminal Misc. Bail Application No.1690 of 2023, therefore, the applicant is also entitled for bail on the ground of parity. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.08.2022. It has been pointed out that the criminal history of the applicant has been duly explained in paragraph no.18 of the affidavit accompanying the bail application and in para 3 of the supplementary affidavit.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tempering of witnesses and other relevant aspects, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
Let the applicant Safat @ Sablu Khan , involved in Case Crime No.254 of 2022, under Sections 147, 323, 504, 506, 354, 354-Kha 386, 394 I.P.C. and Section 67 of Information Technology Act, Police Station Kotwali Hamirpur, District Hamirpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the 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 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 7.4.2023 Jitendra
Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail despite the nature of serious accusations against him.
Whether parity with bail granted to a co-accused warrants release of the applicant.
10 provisions across 3 enactments
Safat @ Sablu Khan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
