Allahabad High Court
Saddam vs State Of U.P. on 25 August, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:171923 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32811 of 2023 Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Mr. Akhilesh Kumar Mishra, learned counsel for the applicant, learned A.G.A. and perused the record.
3. The present first bail application has been filed on behalf of the applicant in Case Crime No. 25 of 2023 under Sections 147, 148, 149, 307 I.P.C. and Section 3/5Ka/8 of Prevention of Cow Slaughter Act and Section 5/25/27 of Arms Act, Police Station Kapoorpur, District Hapur with the prayer to enlarge him on bail.
4. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is alleged in the F.I.R. that applicant along with several other injured co-accused have been arrested at the spot and at some distance from the spot, two dead cow, one Gadasa, two knifes and beef packed in three plastic containers were found. It is submitted that though police persons were fired upon, however, they have not sustained any injuries. It is further submitted that no weapon has been recovered from the possession of present applicant. There is no public witness of the alleged recovery and there is nothing to connect the evidence to implicate the applicant with this recovery. It is further submitted that no report of forensic science is available on record. It is next contended that applicant has criminal history of two cases, in one case he has been enlarged on bail and copy of bail is annexed as Annexure No. S.A.1 to the supplementary affidavit filed and in another case applicant has been enlarged on his personal bonds and the applicant has been given benefit of Section 41A of Cr.P.C. It is lastly submitted that applicant is languishing in jail since 18.02.2023 and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.
5. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.
6. Considering the fact that police personnels have not sustained any injury, nothing incriminating has been recovered from the possession of the applicant, there is no public witness of the alleged recovery, there is no F.S.L. report, applicant is languishing in jail since 18.02.2023 having criminal history of two cases, one under Section 3/4 of Muslim Women Protection from Marriage Act in which he has been enlarged on bail and another being case crime No. 124 of 2022 in which the applicant is given the benefit of Section 41-A of Cr.P.C. and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.
7. Let applicant Saddam be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned 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 also furnish 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 till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 25.8.2023 Karan