Allahabad High Court
Arif vs State Of U.P. on 13 March, 2023
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7237 of 2023 Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit dated 25.2.2023 filed by learned counsel for the applicant is taken on record.
Heard Sri Mani Shanker Pandey, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the first information report of the incident was lodged against 35 persons and the name of the applicant was disclosed in the list of 34 persons on the basis of indetification by the unknown persons. It is further stated that neither any weapon of crime nor any incriminating substance/material has been recovered from the possession of the applicant. It is further submitted that similarly placed co-accused, Sahab Urf Mohd. Ahmad, has already been enlarged on bail by co-ordinate Bench of this Court by order dated 28.9.2022 passed in Criminal Misc. Bail Application No.39729 of 2022, a copy of said order has been annexed as annexure-2 at page 57 of this bail application. It is further submitted that the applicant is languishing in jail since 26.12.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.2 of the supplementary affidavit dated 25.2.2023.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge the applicant is entitled to be released on bail in this case.
Let the applicant Arif involved in Case Crime No.118 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120B of IPC, under section 3/4 of Explosive Substance Act, under section 7 Criminal Law Amendment Act, under section 83 of Juvenile Justice (Care & Protection of Children) Act, under section 3/4 of Prevention of Damage of Public Property Act, 1984, Police Station- Khuldabad, District - Prayagraj be released on bail on his furnishing a personal bond with two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of the 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 13.3.2023 Dev/-