High Court · 2025

Heard Sri Manoj Kumar Singh, learned counsel for the applicants, Sri Rajnish Kumar Verma, learned AGA for the State. Learned counsel for the informant has given illness slip. Learned counsel for the applicants has stated that since the learned AGA is present and the case of the present applicants are on better footing than the cases of Waris Ali and Jahid Ali who are the co-accused persons who have been granted bail by this Court, therefore, this bail application may be disposed of. The present applicant is in jail since 15.12.2024, in case crime no. 474 of 2024, under Sections 137(2), 127(4), 70(2) of BNS and Section 5g.6 of POCSO Act registered at Police Station Rupaideeha District Bahraich. Learned counsel for the applicant has stated that the present applicants have been falsely implicated as they have not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, specific allegation has been levelled against one Jahid Ali and Waris Ali who have been granted bail by this Court, whereas the present applicants are not named in the First Information Report. The complainant/informant has not named the present applicants while recording the statement under Cection 180 BNSS, but the name of the present applicants have been surfaced when the statement of 183 BNSS has been recorded. The copy of the bail order dated 01.05.2025 in Criminal Misc. Bail Application No. 3679 of 2025 of Waris Ali and order dated 22.05.2025 in Criminal Misc. Bail Application No. 4458 of 2025 of Jahid Ali has been shown to this Court wherein both the accused persons have been granted bail by this Court. The present applicants are having no prior criminal history of any kind whatsoever. Sri Manoj Kumar Singh has also submitted that there is inordinate delay in lodging the First Information Report and the impugned First Information Report has been lodged without explaining the delay, and this fact has been considered by this court while granting bail to the co-accused persons. The date of incident is 17.09.2024, but the First Information Report has been lodged on 01.12.2024. Since, the chargesheet has been filed, therefore, there is no possibility to influence any witness. Learned counsel for the applicant has submitted that the present applicants may be enlarged on bail on the basis of principles of parity and also for the reason that they are having better case than the co-accused persons who have been granted bail by this Court. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA has opposed the bail application but could not dispute the contention of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicants are languishing in jail since 15.12.2024; this Court granted bail to two co-accused persons in Criminal Misc. Bail Application No. 4458 of 2025, Jahid Ali Vs. State of U.P. and in Criminal Misc. Bail Application No. 3679 of 2025, Waris Ali Vs. State of U.P. couple with the fact that the present applicants are on better footing that the co-accused persons who have been granted bail by this Court; and undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. The bail application is allowed. Let the applicants- Meraj and Shamshulka, be released on bail in the aforesaid case crime number on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) 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 properly. Order Date :- 1.7.2025 Anurag ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Heard Sri Manoj Kumar Singh, learned counsel for the applicants, Sri Rajnish Kumar Verma, learned AGA for the State. Learned counsel for the informant has given illness slip. Learned counsel for the applicants has stated that since the learned AGA is present and the case of the present applicants are on better footing than the cases of Waris Ali and Jahid Ali who are the co-accused persons who have been granted bail by this Court, therefore, this bail application may be disposed of. The present applicant is in jail since 15.12.2024, in case crime no. 474 of 2024, under Sections 137(2), 127(4), 70(2) of BNS and Section 5g.6 of POCSO Act registered at Police Station Rupaideeha District Bahraich. Learned counsel for the applicant has stated that the present applicants have been falsely implicated as they have not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, specific allegation has been levelled against one Jahid Ali and Waris Ali who have been granted bail by this Court, whereas the present applicants are not named in the First Information Report. The complainant/informant has not named the present applicants while recording the statement under Cection 180 BNSS, but the name of the present applicants have been surfaced when the statement of 183 BNSS has been recorded. The copy of the bail order dated 01.05.2025 in Criminal Misc. Bail Application No. 3679 of 2025 of Waris Ali and order dated 22.05.2025 in Criminal Misc. Bail Application No. 4458 of 2025 of Jahid Ali has been shown to this Court wherein both the accused persons have been granted bail by this Court. The present applicants are having no prior criminal history of any kind whatsoever. Sri Manoj Kumar Singh has also submitted that there is inordinate delay in lodging the First Information Report and the impugned First Information Report has been lodged without explaining the delay, and this fact has been considered by this court while granting bail to the co-accused persons. The date of incident is 17.09.2024, but the First Information Report has been lodged on 01.12.2024. Since, the chargesheet has been filed, therefore, there is no possibility to influence any witness. Learned counsel for the applicant has submitted that the present applicants may be enlarged on bail on the basis of principles of parity and also for the reason that they are having better case than the co-accused persons who have been granted bail by this Court. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA has opposed the bail application but could not dispute the contention of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicants are languishing in jail since 15.12.2024; this Court granted bail to two co-accused persons in Criminal Misc. Bail Application No. 4458 of 2025, Jahid Ali Vs. State of U.P. and in Criminal Misc. Bail Application No. 3679 of 2025, Waris Ali Vs. State of U.P. couple with the fact that the present applicants are on better footing that the co-accused persons who have been granted bail by this Court; and undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. The bail application is allowed. Let the applicants- Meraj and Shamshulka, be released on bail in the aforesaid case crime number on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) 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 properly. Order Date :- 1.7.2025 Anurag ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench