High Court
Case Details
Court No. - 58 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48121 of 2022
Legal Reasoning
Applicant :- Riyaz Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shiv Shanker Prasad,J. Heard Mr. Sunil Kumar Srivastava, learned counsel for the applicant, Mr. Narendra Kumar, Advocate who has put in appearance on behalf of the informant by filing his vakalantama in the Court today, which is taken on record and Mr. Amit Kumar Shukla, learned counsel for the State as well as perused the entire material available on record. The present bail application has been filed by the applicant-Riyaz with a prayer to enlarge him on bail in Crime No.439 of 2021, under Sections 452, 147, 148, 149, 323, 325, 504, 506, 354 and 308 I.P.C., Police Station-Gangoh, District-Saharanpur, during the pendency of trial. As per the allegation made in the first information report being Crime No. 439 of 2021 lodged against as many as 10 accused persons including the applicant, the informant and all the accused persons including the applicant are resident of village Nai Majra, Police Station-Gangoh. All the accused persons are notorious offender and involved in slaughtering in collusion with the Some police personnels. In the election of village pradhan, the father of the informant has won and the family members of the accused persons, namely, Tahir Hasan has lost due to which the accused persons have grudge with the family members of the informant. It is further alleged that on 10th August, 2021 at 07:50 a.m. all the accused persons having lathi, danda and other weapons entered into the house of the informant and abusing the informant and his other family members, when they objected not to do the same, they started beating them in which Aslam and his brother Ramzani sustained injuries. They have also molested the female members of the family of the informant. Learned counsel for the applicant submits that the first information report has been lodged against the applicant along with nine other persons, assigning general role of causing injuries to the informant side. Learned counsel for the applicant next submits that there is cross version of the incident. Three persons received injuries from the side of the defence whereas two persons received injuries from the side of the informant, which are simple in nature. The prosecution has not been able to explain the injuries sustained from the side of the defence and as such it appears that true genesis of the occurrence has been suppressed and the prosecution has not come with clean hands. However at this stage, it is not possible to ascertain as to which party was the aggressor. It is then submitted that in the criminal case lodged from the side of the applicant being Crime No. 392 of 2021, three accused persons i.e. persons from the side of the informant, namely, Sakle Haidar @ Sakle Hasan, Talib Hussain, Naeem Abbas have already been enlarged on bail by Coordinate Benches of this Court vide orders dated 12th April, 2022, 18th April, 2022 and 16th July, 2022 passed in Criminal Misc. Bail Application Nos. 8712 of 2022, 8679 of 2022 and 22910 of 2022 respectively. Therefore, the applicant is also entitled to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 28th August, 2022. Per contra learned A.G.A. and the learned counsel for the complainant have opposed the bail prayer of the applicant but they could not dispute the factual submissions as urged by the learned counsel for the applicant. Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 1.11.2022 Sushil/- (Shiv Shanker Prasad, J.) Digitally signed by SUSHIL KUMAR SINGH Date: 2022.11.03 10:24:48 IST Reason: Location: High Court of Judicature at Allahabad