Islamuddin @ Chotu Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:36010

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3192 of 2024

Applicant :- Islamuddin @ Chotu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Subhash Bisaria Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J .

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime No. 493 of 2023 under Sections 364, 506 I.P.C. relating to P.S. Ramkot, District Sitapur..

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated and no incriminating evidence has been found against the applicant. It is stated that the applicant is in Jail since 22.10.2023.

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The further submission made by learned counsel for the applicant is that it is alleged in the First Information Report that the applicant along with the co-accused have kidnapped their sister. This is said to have been witnessed by one Smt. Shayna. It is further submitted that it was alleged that the weapon used to kill the victim was a Banka and an Axe, however, neither of the two weapons were recovered. Moreover, the call records which have been brought on record as Annexure No. 7 indicates that the victim was in conversation and the manner in which the incident is said to have been projected in the First Information Report does not appear to be cogent and credible. The case of the prosecution has been changing from time to time as earlier, it was mentioned that death was caused by using an axe and a banka which as noticed above was not recovered. It is in the aforesaid circumstances, where there has been no genuine evidence to link the applicant with the aforesaid crime, apart from the fact that the applicant has been languishing in Jail since 22.10.2023.

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It has further been pointed out by learned counsel for the applicant that one co-accused namely Nizamuddin has already been granted bail by this Court in Criminal Misc. Bail Application No. 4032 of 2024 by means of order dated

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22.04.2024.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Islamuddin @ Chotu involved in Case Crime No. 493 of 2023 under Sections 364, 506 I.P.C. relating to P.S. Ramkot, District Sitapur be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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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

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

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O rder Date :- 7.5.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Islamuddin @ Chotu v. State of U.P. Thru. Prin. Secy. Home Lko.

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Islamuddin @ Chotu v. State of U.P. Thru. Prin. Secy. Home Lko.

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