Allahabad High Court
Irfan vs State Of U.P. on 3 May, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 623 of 2022 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan,Mumtaz Ali,Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Shad Khan, learned counsel for the applicant, Sri U.P. Singh, learned AGA for the State and perused the material on record.
3. This is the second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Irfan, seeking enlargement on bail during trial in connection with Case Crime No. 321 of 2011, under Sections 147, 148, 149, 302, 120B I.P.C. registered at P.S. Sikandara, District Bulandshahr.
4. The first bail application of the applicant was rejected by this Court on 28.7.2021 passed in Criminal Misc. Bail Application No. 14551 of 2021.
5. Learned A.G.A. submits that he has received instructions in the matter for which last opportunity was granted to him vide order dated 17.3.2023.
6. Learned counsel for the applicant submits that the applicant was granted bail by the trial court on 4.10.2011 and he continued to appear before the trial court but on 13.7.2017 due to his non appearance non bailable warrants were issued. It is submitted that the trial in the present matter is going on in which four prosecution witnesses have been examined. The applicant is in jail since 16.1.2021. It is submitted that although while rejecting the first bail application of the applicant this Court had expedited the trial vide order dated 28.7.2021 and the said order was filed before the trial court on 14.9.2021 as would appear from the order sheet of the trial court which is annexure no. S.A.3 to the supplementary affidavit dated 6.2.2023, but despite the same the trial has not yet been concluded, copy of the order dated 30.1.2023 has been placed before the Court. It is submitted that the present case is a case of jumping of bail.
7. Per contra, learned A.G.A. although opposed the prayer for bail but could not dispute the arguments aforesaid.
8. After having heard learned counsels for the parties and perusing the record, it is evident that although the first bail of the applicant was rejected by this Court vide order dated 28.7.2021 but by the said order the trial was expedited. The said order was filed before the trial court concerned but till date only four prosecution witnesses have been examined and the trial is still pending as would appear from the copy of the order sheet which is annexure no. S.A.-3 to the supplementary affidavit dated 6.2.2023. The applicant is in jail since 16.1.2021 which about 2 and 1/2 years.
9. Looking to the facts and circumstances of this case and period of detention, this Court is of the view that the applicant may be enlarged on bail.
10 Let the applicant- Irfan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant and the other should be a local person) 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.
11. 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.
12. The bail application is allowed.
(Samit Gopal,J.) Order Date :- 3.5.2023 {Naresh}