Jalalu @ Jalaluddin and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12000 of 2024 Applicant :- Jalalu @ Jalaluddin And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dileep Kumar Yadav,Shivam Shukla Counsel for Opposite Party :- G.A.,Ana Fatma,Mohd. Salman Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by learned State Counsel is taken on record. Heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail during the trial in Case Crime No. 437 of 2024, under Section 191(2), 191(3)), 190, 115(2), 352, 351(3), 109(1), 3(5) B.N.S. & 7 CLA Act, P.S. Maurawan, District Unnao. It is contended by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in the present case. He submits that identically situated co-accused Anwar has already been granted bail by this Court in Criminal Misc. Bail Application No.12454 of 2024, vide order dated

3.12.2024 and the applicants are seeking parity of the same. There is no criminal history of the applicants, which has been explained in para 9 of the bail application and the applicants are languishing in jail since 18.9.2024 and in case, the applicants are granted bail, they will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicants are involved in committing the aforesaid offence, as such, they are not entitled to be released on bail. But, he could not dispute the fact that co-accused has already been granted bail by this Court. Having heard the learned counsel for the parties and after perusal of record, it transpires that identically situated co-accused Anwar has already been granted bail by this Court; there is no criminal history of the applicants, which has been explained in para 9 of the bail application; the applicants are languishing in jail since 18.9.2024; and they have undertaken that they will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicants-Jalalu @ Jalaluddin and Mainuddin involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

(1) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial;

(2) The applicants shall file undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

(3) The applicants 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.; and

(4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 19.12.2024 kkv/ High Court of Judicature at Allahabad, Lucknow Bench