Allowed

Javed v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC5 Dec 2024BAIL/12199/2024

Case brief

AI extract

What is this about?

In a bail application, the Court addressed concerns regarding undisclosed criminal cases of the applicant which required the appearance of the relevant Investigating Officer who subsequently failed to appear due to unauthorized absence. After hearing counsel and reviewing the record, including the fact that a co-accused was on bail, the Court allowed the application.

What did the court decide?

The applicant (Javed) was released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding court appearances and prohibition on tampering with evidence.

Javed Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81454

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12199 of 2024

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Applicant :- Javed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anurag Kumar Singh,Ashutosh Singh Counsel for Opposite Party :- G.A.,Nouphil Ahmad

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Hon'ble Shree Prakash Singh,J.

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On 25.11.2024, following order was passed:-

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"Sri Nouphil Ahmad, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the complainant and the same is taken on record.

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It has been pointed by Sri Nouphil Ahmad, learned counsel for the complainant that two cases criminal history bearing Case Crime No. 387 of 2024 and Case Crime No. 69 of 2024, have not been explained by the learned counsel for the applicant.

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The State counsel, on the basis of instructions received, submits that these cases have also not been disclosed while providing the instructions.

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List/put up this matter on 05-12-2024 at 02.15 P.M., as fresh.

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The Investigating Officer, Sri Jubrail Sheikh, Sub. Inspector, Bangarmau, District-Unnao, shall remain present before this court on the next date to explain as to why these criminal history has been concealed while providing the instructions."

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Vide the abovesaid order, the Investigating Officer Jubrail Sheikh, Sub Inspector, Bangarmau, District Unnao was directed to appear before this Court to explain that why two cases criminal history, bearing Case Crime No.69 of 2024 and Case Crime No.387 of 2024 have not been disclosed while providing instructions to the learned A.G.A. as it was found that there was material concealment on the part of the Investigating officer concerned and for coming to the truth, he was called to explain but he did not appear and it has been informed by the State counsel, on the basis of instructions provided by Jitendra Pandey, Sub Inspector Bangarmau District Unnao that Jubrail Sheikh, Sub Inspector went on leave on 7.11.2024 for two days and he did not come back and he is unauthorisedly absent. He also submits that the order dated 25.11.2024 was also intimated

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to him on telephone by the Head Constable Satendra Singh but it seems that he has deliberately avoided to appear before this Court.

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In view of the above, the Superintendent of Police concerned is directed to look into the matter and take required action against Jubrail Sheikh and submit a report before this Court through learned Senior Registrar.

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Heard learned counsel for the applicant, learned counsel for the complainant learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in F.I.R. No.0264 of 2024 under Sections 191(3), 190, 109(1), 324(5), 118(1), 110, 115(2), 352, 74, 351 (3), 333, 191(2) Bharatiya Nyay Sanhita, 2023, P.S. Bangarmau, District Unnao.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that in fact, the applicant was not involved in committing any offence and even from the narration of the F.I.R. it is evident that the fire was opened by one Shubham Mishra which hit the head of the injured and though there is an allegation that the present applicant had also opened fire but admittedly that did not hit the injured person. He submits that the co-accused Shubham Mishra has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.11405 of 2024, vide order dated 25.10.2024 and the case of the applicant is on the better footing. He also added that the police has failed to collect any cogent piece of evidence against the applicant and due to political anonymity, his name has been placed in the F.I.R. He further submits that after the fact came into knowledge of the applicant that F.I.R. has been lodged, he moved anticipatory bail application before this Court which was dismissed and thereafter, anticipatory bail application was moved before the Apex Court and that was withdrawn and during this, considerable period of time elapsed and in between, the police had started coercive action though he himself surrendered and was sent to jail. Adding his arguments, he submits that the applicant has four cases criminal history which has been explained in the supplementary affidavit dated 5.12.2024 and the applicant is languishing in jail since 7.8.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings.

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Per contra learned counsel appearing for the complainant has

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opposed the contention aforesaid and submits that the applicant is named in the F.I.R. and he was absconding and after an award of Rs.5,000/- was declared only then, under compelling circumstances, he surrendered. He also submits that the applicant has been seen in CCTV footage and he is very well involved in committing the offence and, as such, his conduct is not such that he may be granted bail.

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Learned A.G.A. has also vehemently opposed the prayer of bail and also supported the version of the counselfor the complainant and he added that the the applicant is not entitled to any relief.

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Having heard the learned counsel for the parties and after perusal of record, it transpires that there is four cases criminal history of the applicant, which has been explained in supplementary affidavit and the applicant is languishing in jail since 7.8.2024. This Court has also taken note of the fact that co-accused Shubham Mishra, who is alleged to have opened fire due to which injured has received injuries, has already been granted bail; charge sheet has been filed, as such, there is no possibility that he will not co-operate with the investigation proceedings and further the applicant has undertaken that he will not misuse the liberty of bail if granted and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant Javed involved in the aforementioned crime be released on bail, 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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

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229-A of the Indian Penal Code;

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(3) 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.; and

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(4) 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, 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 identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations 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 merits of the case.

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Appearance of Jitendra Pandey, Sub Inspector, who is present before this Court is exempted.

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Order Date :- 5.12.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Javed v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Javed v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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