Allahabad High Court
Zishan Khan And Another vs State Of U.P. on 30 June, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21629 of 2021 Applicant :- Zishan Khan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 212 of 2020, under Section 3(1) of the U.P. Gangster & (Prevention of Antisocial Activities) Act, 1986, Police Station Chakiya, District- Chandauli, with the prayer to enlarge them on bail.
For the purposes of considering the prayer for bail, the Court takes note of the fact that the applicants stand named in one singular case of 2019 being Case Crime No. 302 of 2019. The allegation in that F.I.R. was that the applicants were exporting cattle to the State of Bihar and when they were stopped by police personnel, they tried to flee the spot and sought to cause serious injuries while attempting to escape. No injuries are stated to have been caused. Thereafter and till the lodging of Case Crime No. 34 of 2021, no material has been referred to by the opposite parties for invoking the provisions of the U.P. Gangster & (Prevention of Antisocial Activities) Act, 1986. Even in respect of Case Crime No. 34 of 2021, it is noted that although the provisions of Section 307 have been invoked, this is admittedly a case where no injuries are stated to have been caused nor were any weapons or firearms recovered from the applicants. The applicants rely upon no other material which may establish that the conduct of the appellants is otherwise opposed to societal order.
Learned AGA has opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicants namely, Zishan Khan and Saddam Ali, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants shall file an undertaking to the effect that they 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.
(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicants 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 applicants are 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 them in accordance with law.
(vi) It shall be open to the State to move this Court for cancellation of the bail accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.
(vii) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented. Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the bail granted.
Order Date :- 30.6.2021/Arun K. Singh (Yashwant Varma, J.)