High Court
Case Details
Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6742 of 2020 Applicant :- Sayed Wazir Hasan @ Allan Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Mohan Singh,Durgesh Kumar Singh Counsel for Opposite Party :- G.A.,Ravindra Kumar Yadav,Shahzad Alam,Yashpal Yadav Hon'ble Vivek Kumar Singh,J. Supplementary affidavit has been filed and the same is taken on record.
Legal Reasoning
Heard Ms. Zia Naz Zaidi, learned counsel for the applicant, learned counsel for the informant and learned AGA-I, appearing for the State and perused the material brought on record. This is the second bail application moved on behalf of the applicant. The first bail application of the applicant was rejected by Hon'ble Vipin Sinha, J. (as he then was) vide order dated 5.12.2019 passed in Crl. Misc. Bail Application No. 23482 of 2019. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to political rivalry. It is next contended that F.I.R. has been lodged against four named and two unknown persons. General role of firing has been assigned to all the accused persons and it cannot be ascertained as to who had caused the said fatal injury to the deceased. No specific role has been assigned to the applicant in the F.I.R. It is further submitted that in post-mortem report, six fire arm injuries are found to have been received by the deceased. It is further submitted that there is no likelihood of early conclusion of trial. PW-2 is out of country. It is further submitted that deceased was history sheeter of the P.S. Bilariyaganj, having criminal history of 11 cases. It is further submitted that applicant is only male member in his family having a minor daughter, three minor sons and wife. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that the applicant is languishing in jail since 23.3.2019. Criminal history of three cases of the applicant has been explained in paragraph no. 16 of the affidavit filed in support of this bail application. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer. Having heard the submissions of learned counsel of both sides, considering the fact that there is no possibility of early conclusion of trial, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. Let applicant- Sayed Wazir Hasan @ Allan, be released on bail in Case Crime No. 253 of 2016, under Sections- 147, 148, 149, 302/34 and 504 IPC, Police Station- Gambhirpur, District- Azamgarh, on furnishing a personal bond and two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) The applicant shall not leave India without the previous permission of the concerned trial Court and if he has passport, the same shall be deposited by him before the concerned trial Court. (ii) The applicant shall report his presence at the concerned police station in the first week of each month, which shall be noted by the In-charge of the police station in records. (iii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial; (iv) The applicant shall co-operate in the trial. 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. (v) 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. (vi) 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. (vii) 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. In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail. The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 6.6.2022 A.P. Pandey Digitally signed by ANAND PRAKASH PANDEY Date: 2022.06.06 17:21:25 IST Reason: Location: High Court of Judicature at Allahabad