Ashraf v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41373 of 2023 Applicant :- Ashraf Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.290 of 2023 under Sections 323, 506, 325, 308, 352 IPC Police Station Delhi Gate District Aligarh.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The FIR is delayed by seven days, however, no plausible explanation for the delay in lodging the FIR has been given. According to medical report injury No. 1,2, 4 and 6 are found simple in nature and injury No. 3 and 5 were referred to for NCCT and Xray respectively. As per the Xray report the injured suffered right Mazillary Sinusitus. No specific role has been assigned to the applicant only general allegations have been made. No recovery of any weapon has been made from the accused person. Both the parties have entered into a compromise and does not want to proceed further. The applicant has no previous criminal history as disclosed in paragraph-23 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 03.08.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶5Considering the facts and circumstances of the case and taking into account that the FIR is delayed by seven days, however, no plausible explanation for the delay in lodging the FIR has been given, no specific role has been assigned to the applicant only general allegations have been made, no recovery of any weapon has been made from the accused person, both the parties have entered into a compromise and does not want to proceed further and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Ashraf 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 :- 12.10.2023 Nadeem High Court of Judicature at Allahabad