Allahabad High Court
Tahseen @ Munna Mewati vs State Of U.P. on 6 October, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22287 of 2020 Applicant :- Tahseen @ Munna Mewati Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Shariq Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Mohd. Shariq, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the impugned F.I.R. has been registered against the co-accused Salman @ Dagga, Shahrukh and two unknown persons by the informant Satyapal Singh who is brother of the deceased. He further argued that the accused named in the F.I.R. and two unknown persons are stated to have made indiscriminate firing at the deceased at a betel shop. He further argued that thereafter on the next day of the incident, statement of the informant under Section 161 Cr.P.C. was recorded on 21.7.2019, in which he stated about the involvement of the applicant along with two co accused who were named in the F.I.R. for commission of the crime in question. He further argued that there are four eye witnesses of the occurrence, namely, Pramod Saini, Himanshu, Ravindra Kumar and Arti whose statements under Section 161 Cr.P.C. were recorded, wherein the name of the applicant did not figure. After 22 days of the incident, statements of two independent alleged eye witnesses, namely, Akash @ Vikky and Vikas were recorded wherein they stated that they were standing near the mosque and watching the incident where the applicant was also present.He argued that the applicant has been falsely implicated in the present case only the basis of his confessional statement. No recovery of any incriminating article has been made either at the pointing out of the applicant or from his possession.The applicant has no other reported criminal antecedent. The applicant is in jail since 21.8.2019.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Tehseen @ Munna Mewati involved in Case Crime No.511 of 2019, under Sections 302, 34, 506, 147, 148, 149 I.P.C. and 7 Crl. Law Amendment Act, Police Station Mussorie, District Ghaziabad be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with the following conditions:-
(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 applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
The case of the applicant is distinguishable from the other co-accused, namely, Salman @ Dagga and Shahrukh.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 6.10.2020 NS