High Court

1. Heard Dr. Gyan Singh, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri Lakshman Singh, learned counsel for the complainant/ informant.

2. As per learned counsel for the applicant, the present applicant (Izhar Alias Kechul) is languishing in jail since 04.06.2023 in Case Crime No.96 of 2023, under Sections 302, 504, 506 & 34 I.P.C., Police Station-Mandhata, District-Pratapgarh.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled against four named accused persons including the present applicant and two unknown persons. As per the prosecution story, the role of firing has been attributed to co- accused Mahfooz @ Bhindi. The role of exhortation has been levelled against the co-accused Naeem. As per the prosecution story, the role attributed to the present applicant is that he was with the aforesaid accused persons. The main accused, Mahfooz, has been granted bail taking advantage of juvenality. The other co-accused, Naeem, has also been granted bail by the learned court below mainly on the ground that the deceased died on account of firearm injuries and the co-accused, Naeem, was not attributed the role of firing.

5. Learned counsel for the applicant has stated that the case of the present applicant is on better footing than the case of co- accused persons, Mahfooz and Naeem, who have been granted bail. He has further submitted that the criminal history of the present applicant has been explained in para-24 of the bail application, wherein the present applicant has been granted bail, therefore, the present applicant may be granted bail on the ground of parity.

6.Learned counsel for the applicant has stated that the charge- sheet has been filed in this case. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

7. Learned Additional Government Advocate as well as Sri Lakshman Singh, learned counsel for the complainant/ informant have opposed the prayer for bail of the present applicant.

8. Sri Lakshman Singh has stated that the present applicant and other accused persons are the hardcore criminal. The present applicant is having criminal history of four cases. If he is released on bail, he shall influence the witnesses and shall again indulge in such type of activities. He has further submitted that the main accused, Mahfooz has been granted bail providing him the benefit of juvenality and against that order the complainant/ informant has filed appeal before the Appellate Court, which is still pending consideration, therefore, the bail of the present applicant may not be granted.

9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused persons, namely, Mahfooz and Naeem, against whom the role of firing and exhortation have been attributed, have been granted bail by the learned court below and the role of the present applicant is that he was with the aforesaid co-accused persons; the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

10. Accordingly, the instant bail application is allowed.

11. Let the applicant (Izhar Alias Kechul) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court.

12. Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. [Rajesh Singh Chauhan,J.] Order Date :- 6.1.2025 Suresh/

1. Heard Dr. Gyan Singh, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri Lakshman Singh, learned counsel for the complainant/ informant.

2. As per learned counsel for the applicant, the present applicant (Izhar Alias Kechul) is languishing in jail since 04.06.2023 in Case Crime No.96 of 2023, under Sections 302, 504, 506 & 34 I.P.C., Police Station-Mandhata, District-Pratapgarh.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled against four named accused persons including the present applicant and two unknown persons. As per the prosecution story, the role of firing has been attributed to co- accused Mahfooz @ Bhindi. The role of exhortation has been levelled against the co-accused Naeem. As per the prosecution story, the role attributed to the present applicant is that he was with the aforesaid accused persons. The main accused, Mahfooz, has been granted bail taking advantage of juvenality. The other co-accused, Naeem, has also been granted bail by the learned court below mainly on the ground that the deceased died on account of firearm injuries and the co-accused, Naeem, was not attributed the role of firing.

5. Learned counsel for the applicant has stated that the case of the present applicant is on better footing than the case of co- accused persons, Mahfooz and Naeem, who have been granted bail. He has further submitted that the criminal history of the present applicant has been explained in para-24 of the bail application, wherein the present applicant has been granted bail, therefore, the present applicant may be granted bail on the ground of parity.

6.Learned counsel for the applicant has stated that the charge- sheet has been filed in this case. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

7. Learned Additional Government Advocate as well as Sri Lakshman Singh, learned counsel for the complainant/ informant have opposed the prayer for bail of the present applicant.

8. Sri Lakshman Singh has stated that the present applicant and other accused persons are the hardcore criminal. The present applicant is having criminal history of four cases. If he is released on bail, he shall influence the witnesses and shall again indulge in such type of activities. He has further submitted that the main accused, Mahfooz has been granted bail providing him the benefit of juvenality and against that order the complainant/ informant has filed appeal before the Appellate Court, which is still pending consideration, therefore, the bail of the present applicant may not be granted.

9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused persons, namely, Mahfooz and Naeem, against whom the role of firing and exhortation have been attributed, have been granted bail by the learned court below and the role of the present applicant is that he was with the aforesaid co-accused persons; the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

10. Accordingly, the instant bail application is allowed.

11. Let the applicant (Izhar Alias Kechul) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court.

12. Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. [Rajesh Singh Chauhan,J.] Order Date :- 6.1.2025 Suresh/