Allowed¶13

Hasmat Ali @ Kalia v. State of U.P. Thru. Secy. Home U.P. Lko.

Allahabad HC22 Apr 2024/945/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench (Jaspreet Singh, J.), order dated 22.4.2024 in Criminal Misc. Bail Application No. 945 of 2024: bail allowed to Hasmat Ali @ Kalia in Case Crime No. 373 of 2019, Sections 147/148/323/307/504 IPC, P.S. Mailani, District Lakhimpur Kheri; custody since 03.01.2024; charge sheet filed; no criminal history; bail on personal bond with two sureties subject to conditions under Sections 229-A and 174-A IPC and Sections 82 and 313 CrPC.

What did the court decide?

Applicant Hasmat Ali @ Kalia to be released on bail in Case Crime No. 373 of 2019 on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions imposed by the Court. ¶13

Hasmat Ali @ Kalia Vs State of U.P. Thru. Secy. Home U.P. Lko. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Hasmat Ali @ Kalia, accused in Case Crime No. 373 of 2019 under Sections 147/148/323/307/504 IPC, P.S. Mailani, District Lakhimpur Kheri, is entitled to be released on bail.

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Court's answer

Considering the rival submissions, facts and circumstances, material on record, nature of allegations, severity of punishment if convicted, period of incarceration, and the absence of any apprehension expressed by the learned AGA that the applicant may flee justice, tamper with evidence or influence witnesses, the Court, without expressing any opinion on the merits, held the applicant entitled to be released on bail.

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Ratio / Principle

Release on bail was made subject to conditions: an undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date personally or through counsel, failing which action may follow under Section 229-A IPC; on misuse of bail liberty, proceedings upon proclamation under Section 82 CrPC and under Section 174-A IPC; personal presence at opening of the case, framing of charge and recording of statement under Section 313 CrPC; and breach of any condition to be a ground for cancellation of bail.

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Detailed headnote1 paragraphs

Bail granted. Applicant Hasmat Ali @ Kalia sought bail in Case Crime No. 373 of 2019 under Sections 147/148/323/307/504 IPC, P.S. Mailani, District Lakhimpur Kheri. Counsel for the applicant contended false implication; that the FIR version (incident of 30.10.2019 during police patrolling amid a dispute over ploughing of fields, gun shot injury to the left ear of the injured) differed from the injured's statement implicating the applicant; that lodging of the FIR at a later date was improbable; that the applicant had no criminal history; that the charge sheet stood filed; and that he was in jail since 03.01.2024 with no chance of influencing witnesses or tampering with evidence. Learned AGA opposed the prayer but did not dispute these facts. Holding that no apprehension of fleeing justice, tampering or witness influence was expressed, and without expressing any opinion on the merits, the Court directed release on bail on a personal bond with two reliable sureties each in the like amount, imposing conditions regarding attendance, non-seeking of adjournments, and consequences under Sections 229-A and 174-A IPC and Sections 82 and 313 CrPC, breach of any condition being a ground for cancellation of bail.

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Neutral Citation No. - 2024:AHC-LKO:31993

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 945 of 2024

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Applicant :- Hasmat Ali @ Kalia Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Santi,Tribhuvan Narai Singh 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. 373 of 2019 under Sections 147/148/323/307/504 I.P.C. relating to P.S. Mailani, District Lakhimpur Kheri.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated. It is submitted that the manner in which the First Information Report came to be lodged by the police authorities is contrary to the version as given by the injured. It is further stated that as per the version contained in the First Information Report, it is alleged that on 30th October, 2019, while the police was on patrolling duty, it was found that there was some dispute relating to ploughing of fields and it is in this context that fire arm were shot, as a result, the injured suffered a gun shot injury in his left ear.

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It is further stated that it is most improbable that where the incident is said to have occurred on 30th October, 2019, the First Information Report came to be lodged at later date. The statement of the injured stated that there was some dispute which involved the present applicant and it is in this context that the fire arm was shot and it suddenly hit the victim. It is further stated that there was a dispute which had occurred in the morning in pursuance whereof there was a fallout of the same by the evening. It has also been stated that the applicant does not have any criminal history and the charge sheet has been filed and he has been languishing in Jail since 03.01.2024 and moreover there is no chance for the applicant to either influence the witness or tamper with the evidence.

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Learned A.G.A. has opposed the prayer for bail, however, could

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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 applicants Hasmat Ali @ Kalia involved in Case Crime No. 373 of 2019 under Sections 147/148/323/307/504 I.P.C. relating to P.S. Mailani, District Lakhimpur Kheri 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 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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Order Date :- 22.4.2024 Asheesh

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

Hasmat Ali @ Kalia v. State of U.P. Thru. Secy. Home U.P. Lko.

Case brief

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Hasmat Ali @ Kalia v. State of U.P. Thru. Secy. Home U.P. Lko.

Case brief

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