Allahabad High Court
Inayat Ali Alias Babu vs State Of U.P. on 14 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50865 of 2022 Applicant :- Inayat Ali Alias Babu Opposite Party :- State of U.P. Counsel for Applicant :- Sadaful Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Surendra Singh-I,J.
Heard Sri Sadaful Islam Jafri, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Inayat Ali Alias Babu, with a prayer to release him on bail in Case Crime No. 175 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153B, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B I.P.C., Section 3/4 of Explosive Substances Act, Section 7 of Criminal Law (Amendment) Act, Section 83(2) of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damages to Public Property Act, Police Station- Kareli, District- Prayagraj, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that the applicant was neither named in the first information report nor arrested from the spot. His name has surfaced during investigation. It is further submitted that the first information report dated 11.06.2022 was lodged against 14 named and 200 unknown accused persons relating to the incident which took place on 10.06.2022 at Pehelwan Tiraha and Riddhi Siddhi Tiraha, Kareli. Co-accused, Aashif, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 13.09.2022 passed in Criminal Misc. Bail Application No. 34795 of 2022. The applicant is languishing in jail since 11.06.2022. The applicant has explained his criminal history of 2 cases in paragraph no. 23 of the affidavit filed in support of the bail application, namely, (i) Case Crime No. 176 of 2022 u/s 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 307, 332, 353, 435, 427, 504, 505(2), 506, 120-B I.P.C., Section 3/4/5 of Explosive Substances Act, Section 7 of Criminal Law (Amendment) Act, Section 83 of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damages to Public Property Act, P.S.- Kareli, District- Prayagraj and (ii) Case Crime No. 118 of 2022 u/s 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 201, 511, 307, 332, 353, 435, 427, 504, 505(2), 506, 120-B I.P.C., Section 3/4/5 of Explosive Substances Act, Section 7 of Criminal Law (Amendment) Act, Section 83 of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damages to Public Property Act, P.S.- Kareli, District- Prayagraj, in which he has applied for bail in this Court and the same are pending. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he has not denied the submissions made on behalf of the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.11.2022 KS