State of U.P v. Party

2. Heard Sri Khalid Mahmood, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for want of prosecution by this Court vide order dated 27.09.2023 passed in Criminal Misc. Bail Application No. 24738 of

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Khaleed, seeking enlargement on bail during trial in connection with Case Crime No. 452 of 2022, under Sections 302, 506 I.P.C., Police Station Lisarigate, District Meerut.

5. The first information report of the present matter was lodged on 07.08.2022 by Shakir Saifi against the applicant alleging therein that he is living in a rented house. On 07.08.2022 at about 9 am he had gone to work for tiles and stones and his wife Ruksar was in the house. Khaleed (the present applicant) had illicit relationship with his wife since the last 1 1/2 years. When he returned back at about 5 pm he did not find his wife at the house and then he searched her after which he met Naeem the brother-in-law of Khaleed who informed him that he saw his wife Ruksar and consoled her and his brother-in- law but Ruksar did not adhere to his advise and went with him to his house in Azadnagar the keys of which were with Khaleed. He then went there and opened the lock of the house and found that Khaleed was assaulting his wife Ruksar with a fawda and then he chased him and tried to stop him but he ran away. The fawda was taken away by him.

6. Learned counsel for the applicant submitted that the applicant has been 2 BAIL No. 53340 of 2023 falsely implicated in the present case. It is submitted that the trial in the present matter has started in which Mohd. Shakir the first informant has been examined as P.W.-1 who did not support the prosecution case and has been declared hostile. It is further submitted that Mohd. Naeem has been examined as P.W.-2 before the trial court who has also not supported the prosecution case and has been declared hostile, paragraph 24 and Annexure-3 of the affidavit being the statements of both the witnesses have been placed before the Court to buttress the said argument. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 08.08.2022.

7. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said two witnesses have not supported the prosecution case and have been declared hostile.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the trial in the matter has started in which Mohd. Shakir the first informant has been examined as P.W.-1 and Mohd. Naeem has been examined as P.W.-2 before the trial court who have not supported the prosecution case and have been declared hostile.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Khaleed, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to 3 BAIL No. 53340 of 2023 secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. October 14, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Khalid Mahmood, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for want of prosecution by this Court vide order dated 27.09.2023 passed in Criminal Misc. Bail Application No. 24738 of

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Khaleed, seeking enlargement on bail during trial in connection with Case Crime No. 452 of 2022, under Sections 302, 506 I.P.C., Police Station Lisarigate, District Meerut.

5. The first information report of the present matter was lodged on 07.08.2022 by Shakir Saifi against the applicant alleging therein that he is living in a rented house. On 07.08.2022 at about 9 am he had gone to work for tiles and stones and his wife Ruksar was in the house. Khaleed (the present applicant) had illicit relationship with his wife since the last 1 1/2 years. When he returned back at about 5 pm he did not find his wife at the house and then he searched her after which he met Naeem the brother-in-law of Khaleed who informed him that he saw his wife Ruksar and consoled her and his brother-in- law but Ruksar did not adhere to his advise and went with him to his house in Azadnagar the keys of which were with Khaleed. He then went there and opened the lock of the house and found that Khaleed was assaulting his wife Ruksar with a fawda and then he chased him and tried to stop him but he ran away. The fawda was taken away by him.

6. Learned counsel for the applicant submitted that the applicant has been 2 BAIL No. 53340 of 2023 falsely implicated in the present case. It is submitted that the trial in the present matter has started in which Mohd. Shakir the first informant has been examined as P.W.-1 who did not support the prosecution case and has been declared hostile. It is further submitted that Mohd. Naeem has been examined as P.W.-2 before the trial court who has also not supported the prosecution case and has been declared hostile, paragraph 24 and Annexure-3 of the affidavit being the statements of both the witnesses have been placed before the Court to buttress the said argument. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 08.08.2022.

7. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said two witnesses have not supported the prosecution case and have been declared hostile.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the trial in the matter has started in which Mohd. Shakir the first informant has been examined as P.W.-1 and Mohd. Naeem has been examined as P.W.-2 before the trial court who have not supported the prosecution case and have been declared hostile.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Khaleed, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to 3 BAIL No. 53340 of 2023 secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application (s), if any, shall stand disposed of. October 14, 2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad