Gul Mohammad v. State of U.P. Through Secretary Home at Lucknow

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44046 of 2023 Applicant :- Gul Mohammad Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Eshan Lamba Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1This is second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No.59255 of 2022 has been rejected by this Court, vide order dated

02.02.2023.

¶2Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present. He further submits that by the efflux of time, the trial began, in which, the statement of informant was recorded as P.W.1, wherein he has categorically refused to recognise the accused applicant, copy of which is annexed as Annexure-5 to the affidavit accompanying the bail application. It is next contended that the informant has not supported the prosecution version, therefore the applicant is innocent and has been falsely implicated in the present case. He thus submits that no offence against the applicant is made out. Learned counsel has next argued that the similarly situated co-accused namely, Sundar Yadav has already been enlarged on bail by this Court vide order dated 15.05.2023 passed in Criminal Misc. Bail Application No. 48420 of 2022, copy of which order is annexed as Annexure-11 to the affidavit accompanying the bail application. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 21.09.2022 having no criminal history.

¶4Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the informant has refused to recognise the accused-applicant as a person, who has committed the offence.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶6Let the applicant-Gul Mohammad, be released on bail in Case Crime No.406 of 2022 under Sections 304, 337, 338 P.C., Police Station Noida Sector-20, District Gautambudh Nagar, on furnishing a personal bond and two heavy 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:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶7The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶8The bail application is allowed. Order Date :- 27.10.2023 S.Ali High Court of Judicature at Allahabad