Allahabad High Court
Tariq vs State Of U.P. And Another on 6 August, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16457 of 2020 Applicant :- Tariq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Sri Mohammad Belal Advocate filed vakalatanama on behalf of the informant is taken on record.
Heard Sri Amir Khan, learned counsel for the applicant, Sri Mohammad Belal, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Tariq, seeking enlargement on bail during trial in connection with Case Crime No.30 of 2020, under Sections - 147, 148, 452, 326-A, 323 and 506 IPC registered at P.S. Babugarh, District- Hapur.
Learned counsel for the applicant argued that although the applicant was named in first information report but he has not assigned any specific role. It is further argued that it is case of prosecution that five persons including the applicants attacked upon the injured with the help of 'Tamancha' (country made pistol) and the main allegation against the Muneer who thrown the acid upon the injured. Learned counsel for the applicant further argued that the applicant has falsely been implicated in the present case. Lastly it is argued that he is in jail since4.2.2020 having no criminal history to his credit and there is no likelihood of early conclusion of trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA as well as learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and 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. The bail application stands allowed.
Let the applicant- Tariq 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:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
8. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
9. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
10. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.8.2020 Akbar