Allahabad High Court
Badkai @ Safiulla vs State Of U.P. on 17 December, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45764 of 2020 Applicant :- Badkai @ Safiulla Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 0142 of 2020 at Police Station- Dhebarua, District- Siddharth Nagar on 20.5.2020, under Sections 323, 504, 269, 270, 291, 188 IPC Section 3 of Epidemic Act and Section 51 (b) of Disaster Management Act.
The bail application of the applicant was rejected by learned Sessions Judge, Siddharth Nagar on 29.10.2020.
The applicant is in jail since 05.09.2020 pursuant to the said F.I.R.
Sri Vijay Prakash Chaturvedi, learned counsel contends that the applicant has falsely been implicated in the present case. The applicant has been implicated to leverage the criminal case in the FIR lodged by the applicant after his daughter was abducted. The informant is related to the accused. There are no serious injuries in this case. It is also asserted that apart from the above said cases the applicant does not have any criminal history.
Learned A.G.A. has opposed the bail application.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Badkai @ Safiulla be released on bail in Case Crime No. 142 of 2020 under Section 323, 504, 269, 270, 291, 188, 326 IPC, Section 3 of Epidemic Act and Section 51(b) of Disaster Management Act, Police Station- Dhebarua, District- Siddharth Nagar, registered on 20.05.2020 at Police Station- Dhebarua, District- Siddharth Nagar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.12.2020 Nadeem Ahmad