Allahabad High Court
Irshad vs State Of U.P. on 7 April, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 9147 of 2020
Applicant :- Irshad
Opposite Party :- State of U.P.
Counsel for Applicant :- Jay Krishna Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
In view of COVID-2019 pandemic, the matter is being heard through video conferencing.
The instant application has been filed for bail of Irshad, involved in Case Crime No.324 of 2020, under Sections 147, 148, 149, 504, 307 IPC., Police Station Jethwara, District Pratapgarh.
Heard Shri J.K. Shukla, learned counsel for applicant, Shri Diwakar Singh, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Learned counsel further submits that in this matter, only one injury was caused to the injured Fardeen whereas six persons have been implicated. He further submits that in FIR, no specific role has been assigned to any of the accused persons including the applicant whereas the injured Fardeen in his statement recorded under Section 161 Cr.P.C. has specifically stated that co-accused Vakil Ahmad had caused injury by fire arm to him and rest accused including the applicant had only caught hold. Learned counsel further submits that although five cases have been lodged by the police against the applicant but in three cases, applicant has already been acquitted whereas the other two cases were lodged under Gangster Act by the police on the basis of previous record, in which the applicant is on bail. Learned counsel further submits that co-accused Ansar having similar role has already been bailed out by coordinate Bench of this Court vide order dated 18.11.2020 in Bail Application No.9044 of 2020. Learned counsel further submits that the applicant is a law abiding person, languishing in jail since 26.08.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of criminal history of the applicant, he is not entitled to be released on bail.
It is well settled principle of law that only on the ground of previous criminal antecedents of accused, the bail application of the applicant cannot be rejected.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Irshad involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. 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 CrPC (iv) argument / judgment.
vi. 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.
Order Date :- 7.4.2021
P.s.
