Arshad Husain Vs State of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko.

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7103 of 2024

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Applicant :- Arshad Husain Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko.

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Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajnish Kumar,J.

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Heard Sri Arun Kumar Tripathi, learned counsel for the applicant, Sri Prem Shankar Trivedi, learned A.G.A. for the State and perused the record.

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This first bail application has been filed by Arshad Husain accused-applicant involved in Case Crime No.238 of 2019, under Sections- 147, 148, 323, 504, 506, 452, 395, 427, 325 I.P.C. Police Station- Kandhai, District- Pratapgarh.

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Learned counsel for the applicant further submitted that general role has been assigned to all the accused including the applicant. The applicant is in jail since 07.06.2024. Co-accusedEjaj and Intzar having similar role have been granted bail by a Co-ordinate Bench of this Court in Bail No. 687 of 2020 on 28.2.2020 and co-accused Ishtekahar @ Iftikhar and Meeraj have also been granted bail by a Co-ordinate Bench of this Court in Bail No. 12432 of 2021 on 29.11.2021. Afsar Ali has been granted bail in Criminal Misc. Bail Application No.690 of 2022.

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Learned counsel for the applicant submitted that he has explained the criminal history of five cases in paragraph 19 of the application and in all the five cases the applicant has not been found involved and the cases have been found incorrect. Accordingly the final report has been submitted by the Investigating Officer, the copies of which have been annexed to the application. He further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witness. He further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in expeditious disposal of trial.

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Learned A.G.A. has opposed the prayer for bail but could not contradict the aforesaid facts as argued by the learned counsel for the applicant.

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Having considered the submissions of learned counsel for the parties and on perusal of record, the general role of beating has been assigned to all the accused and no specific role has been assigned to the applicant. The co-accused having similar role have been granted bail by co-ordinate Benches of this Court. The final report has been filed against the applicant in the cases shown in the criminal history contained in paragraph 19 of the affidavit. Therefore looking to the quantum of the punishment, nature of the offence and the period of detention in jail, the applicant is entitled for the bail. Thus, the present application is allowed.

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Let the applicant Arshad Husain be released on bail in aforesaid first information report number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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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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In case, the applicant misuses the liberty of bail 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 15.7.2024 Haseen U.

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...................................................................(Rajnish Kumar, J.)

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

Arshad Husain v. State of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko.

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Arshad Husain v. State of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko.

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