Jan Mohammad v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43521 of 2023 Applicant :- Jan Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. The present first bail application has been filed on behalf of the applicant in Case Crime No. 156 of 2023, under Sections 147, 148, 149, 323, 307, 504 I.P.C. and section 7 Criminal Law Amendment Act and section 3/25/27 Arms Act, Police Station Bahsuma, District Meerut with the prayer to enlarge him on bail. Learned counsel for the accused-applicant submitted that the applicant is an old person, aged about 68 years. He is innocent and has been falsely implicated in the instant case due to malafide intentions. He next submits that as per prosecution story, two rival groups were found involved in brick batting and arsoning by police on 17.9.2023 and in all five persons were injured from defense side and three from prosecution side. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. None of the injuries found on the vital part of the injured. All the injuries sustained by the injured are simple in nature. He further submits that similarly placed co-accused Mustkim has already been enlarged on bail by another Bench of this Court, vide order dated

16.10.2023 passed in Criminal Misc. Bail Application No. 43841 of 2023, copy of the bail order produced by learned counsel for the applicant is taken on record. Applicant, who is languishing in jail since 17.9.2023, having no criminal history is also entitled to be enlarged on bail on the ground of merits as well as parity. If he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant. Considering the facts and circumstances of the case, considering the submissions made by learned counsel for the parties, in the incident both the sides have sustained injures, all the injuries are simple in nature and without expressing any opinion on the merits of the case , accused-applicant is liable to be released on bail. Let applicant Jan Mohammad be released on bail in the above case crime number and 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 :- 19.10.2023 Faridul High Court of Judicature at Allahabad