Allahabad High Court
Khalilullah vs State Of U.P. on 27 April, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18796 of 2023 Applicant :- Khalilullah Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Pandey,Shahabuddin Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the material brought on record on the instant application for bail.
The present application for bail has been filed seeking bail in Case Crime No.06 of 2023, under Sections 411, 413, 414, and 34 IPC, Police Station Ahraula, District Azamgarh.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. Identically situated co-accused Mohd. Sale @ Raju, who has criminal history of four cases has already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.17089 of 2023, vide orders dated 26.04.2023, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the orders aforesaid. It is submitted that criminal history of three cases of the applicant have been explained in para-18 of the affidavit filed in support of bail application. The applicant is languishing in jail since 30.01.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
On the other hand, learned AGA has very vehemently opposed the aforesaid contention and submitted that applicant has criminal history of two more cases i.e. Case Crime No.06 of 2023, under sections 31, 379, 411, 413, 414, IPC and Case Crime No.47 of 2023, under sections 379, 411, 413, 414, apart from the criminal history of the applicant mentioned in para-18 of the affidavit filed in support of bail application.
Considering the facts and circumstances of the case and taking into account that identically situated co-accused Mohd. Sale @ Raju, who have criminal history of four case has already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.17089 of 2023, vide orders dated 26.04.2023, criminal history of three cases of the applicant have been explained in para-18 of the affidavit filed in support of bail application and the applicant is languishing in jail since 30.01.2023, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant-Khalilullah be released on bail in the above case crime number 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 :- 27.4.2023 VKG