Abhishek v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -51020 of 2023 Applicant :-Abhishek Opposite Party :-State of U.P. Counsel for Applicant :-Abhay Pratap Singh Counsel for Opposite Party :-G.A. Hon'ble Mrs. Renu Agarwal,J. Heard Mr. Abhay Pratap Singh, 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.199 of 2023, under Sections 307 & 120-B I.P.C., Police Station Khatauli, District Muzaffar Nagar with the prayer to enlarge him on bail. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Applicant is not named in the FIR, his name was came into light during investigation on the statement of mukhbirkhas. There is no allegation against the applicant in the statement of injured and mukhbirkhas. Only allegation against the applicant is that the injured himself instigated to fire and applicant sought fire upon him. There is no recovery from the possession of he applicant. Main role has been assigned to the co-accused Sanjay. Applicant has criminal history of one case in which he had been enlarged on bail by Punjab and Haryana High Court at Chandigarh on 21.11.2023 and the order is produced before the Court today which is taken on record. Applicant is languishing in jail since 04.10.2023 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. 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 fact that the applicant is not named in the FIR, nothing has been recovered from his possession, there is no evidence against him except the statement of mukhbirkhas, applicant has explained the criminal history, looking into the nature of allegation made against the applicant; accused-applicant is liable to be released on bail. Accordingly, the bail application is allowed. Let applicant Abhishek 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. Order Date :- 11.12.2023 I.A.Siddiqui High Court of Judicature at Allahabad