Allahabad High Court
Safi Ahmad vs State Of U.P. Thru. Prin. Secy. Home Lko. on 29 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13889 of 2022 Applicant :- Safi Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Zia Ul Qayuim,Ajeet Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant as well as Mr. Anirudha Kumar Singh, learned A.G.A. appearing for the State and perused the record.
Instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.235 of 2022, under Sections 411 and 413 I.P.C., registered at P.S. - Ataria, District - Sitapur.
Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and he has been falsely planted by the police in the instant matter. He next added that first information report was lodged wherein the present applicant is not named. His name came into light on the confessional statement of co-accused persons who were arrested. He further added that there is no cogent piece of evidence so as to connect him in the instant matter and the allegation against the present applicant is only under Sections 411 and 413 of I.P.C. He added that the role of the present applicant is distinguishable from the role of the other co-accused against whom the allegation under Section 460 I.P.C. has been leveled. He next added that there is a case criminal history which he has explained in para 22 of the bail application and that too after his arrest in the instant matter. He next added that the applicant is a law abiding citizen and is languishing in jail since 26.09.2022. He submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
Per contra, learned AGA appearing for the State vehemently opposed the prayer of bail and submits that the applicant was also involved in committing the offence and offence is of grave nature and there is a case criminal history against the applicant as such he is not entitled to be enlarged on bail.
Considering the submissions of learned counsel for the parties and after perusal of the record, it is evident that the applicant is not named in the first information report and only allegation against the present applicant is under Sections 411 and 413 I.P.C.; further as per assertion of learned counsel for the applicant there is no cogent piece of evidence so as to connect him with the instant matter; a case criminal history has been explained and the applicant is languishing in jail since 26.09.2022. Considering the aforesaid facts, I find it to be a fit case of bail.
Let the applicant-Safi Ahmad 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(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 229-A of the Indian Penal Code;
(3) The applicant shall remain 08present, 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 (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.
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.
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.
Order Date :- 29.11.2022 KR (Shree Prakash Singh,J.)