Allahabad High Court
Shibbu @ Mohammad Sohel Ansari vs State Of U.P. on 2 February, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11488 of 2020 Applicant :- Shibbu @ Mohammad Sohel Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Bhole Ram,Akhilesh Kumar,Santosh Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Akhilesh Kumar, learned counsel for the applicant, Ms. Babita, learned brief holder for the State and perused the material on record.
This is the second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shibbu @ Mohammad Sohel Ansari seeking enlargement on bail during trial in connection with Case Crime No. 321 of 2019, under Sections 147, 148, 302, 307, 323, 324, 452, 504, 506 IPC, registered at P.S. Kotwali, District Fatehpur.
The first bail application being Criminal Misc. Bail Application No. 4894 of 2020 (Shibbu @ Mohammad Sohel Ansari Vs State of U.P.) was rejected by this Court vide order dated 07.02.2020, wherein the following order was passed:-
"In the present matter, there is one person namely Sonu who is dead and three persons namely Bablu, Anisha Begum and Afroz who have received injuries and are injured witnesses. In the wisdom of learned counsel for the applicant, enclosing the injury reports of three injured persons appears to be of no relevance but in the opinion of the Court, the said injury reports were of importance for adjudicating the case on its own merit.
The present bail application thus suffers from non filing of material and relevant documents, the same is thus rejected. "
Learned counsel for the applicant argued that now the injury report of injured persons, namely, Bablu and Anisha Beguam have been annexed as annexure 6 to the affidavit in support of the present bail application and the injury report of Afroz has been annexed as annexure S.A.-1 to the supplementary affidavit. It is argued that identically placed co-accused Mohd. Munaver and Shahnawaj have been granted bail by a co-ordinate Bench of this Court vide both the orders dated 31.01.2020 passed in Crl. Misc. Bail Application Nos. 44682 of 2019 (Mohd. Munaver Vs. State of U.P.) and 55905 of 2019 (Shahnawaj Vs. State of U.P.), copies of the orders are annexed as annexure 9 to the affidavit. It is argued that the role of the applicant is identically to that of co-accused Mohd. Munaver and Shahnawaj who have been granted bail by a co-ordinate Benche and the applicant be also released on the ground of parity. Learned counsel has further stated that co-accused Fujail has been granted bail by a co-ordinate Bench of this Court vide order dated 10.09.2020 passed in Crl. Misc. Bail Application No. 26968 of 2020 (Fujail Vs. State of U.P.), copy of the order has been provided to the Court which is taken on record. It is further argued that the applicant has no criminal history as stated in para 11 of the affidavit and is in jail since 26.08.2019.
Per contra, learned brief holder for the State opposed the prayer for bail but could not dispute that co-accused Mohd. Munaver, Shahnawaj and Fujail have been granted bail by a co-ordinate Benches of this Court.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Shibbu @ Mohammad Sohel Ansari, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 2.2.2021 M. ARIF (Samit Gopal, J.)