Allahabad High Court
Khurram Ali vs State Of U.P. on 8 July, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 6207 of 2019
Applicant :- Khurram Ali
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Tabrez Iqbal
Counsel for Opposite Party :- Govt. Advocate,Gujran Khan
Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant and perused the record.
It is contended on behalf of the applicant that the applicant is an old person about 63 years of age. It is further contended that it is an admitted case of the complainant as well as by the applicant that both sides were inimical towards each other. It is further contended that initially a case was registered under Sections 504, 506 IPC. However, later on sections 307, 327 IPC have been added under the influence of the complainant. The injury report of Amanullah reveals that injuries are simple in nature. There is no fracture injury while the injury report of injured Badshah reveals that except one fracture injury, all other injuries are simple in nature. It is not known as who is the author of the said injury as general role has been assigned to the accused applicant. The applicant has no criminal history and is languishing in jail since 22.5.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant Khurram Ali involved in Case Crime No.159 of 2019, under Sections 323, 324, 504, 506, 307 IPC., Police Station-Kotwali Utraula, District- Balrampur be released on bail 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 which are being imposed in the interest of justice:-
(I). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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) 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.
Order Date :- 8.7.2019
P.s.
