Ankit v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52527 of 2023 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

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

¶2The present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 601 of 2023 under Sections 147, 148, 149, 307, 504 I.P.C. Police Station Naugawan Sadat, District Amroha with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Allegations as per the F.I.R. is that the cousin of the informant opened a Dhaba in Jamna Khas Town and on 23.10.2023 five came at his Dhaba and ordered their meal and when the cousin of the informant demanded payment of the said meal all the five persons abused him and one Sohit opened on Mitin. It is submitted main role of assault is on Sohit who opened fire on Mitin and the allegation against the present applicant is only that he was present along with main accused Sohit. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is contended that applicant has no previous enmity with the injured Mitin neither did the applicant was known to the injured before. Applicant is languishing in jail since 24.10.2023 having no criminal history to his credit as is disclosed in paragraph No. 10 of the affidavit filed in support of the bail application and 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.

¶4On 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.

¶5Considering the fact that the applicant was assigned no role in the incident except that he was present along with main accused-Sohit who opened fire on the injured, applicant is languishing in jail since

24.10.2023 having no criminal history to his credit apart from this case and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail. The case of the present applicant is distinguished from that of co-accused Sohit who is alleged to have opened fire upon the injured.

¶6Let applicant Ankit 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 :- 7.12.2023 Karan High Court of Judicature at Allahabad