Allahabad High Court
Nazir And Anr. vs State Of U.P. on 8 April, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 1548 of 2021
Applicant :- Nazir And Anr.
Opposite Party :- State of U.P.
Counsel for Applicant :- Jalaj Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
In view of COVID-19 pandemic, the matter is being heard through video conferencing.
The instant application has been filed for bail of Nazir and Vakeel, involved in Case Crime No.1244 of 2020, under Sections 307, 323, 504 IPC., Police Station Kotwali, District Lakhimpur Kheri.
Heard Shri J.K. Gupta, learned counsel for applicants, Shri Diwakar Singh, learned AGA for the State and perused the record.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated. Learned counsel further submits that both the applicants are father and son and as per prosecution story, they were carrying only lathi and danda at the time of occurrence. Learned counsel further submits that fatal injury as alleged in FIR was caused by co-accused Nazim with Banka. Learned counsel further submits that the applicants are law abiding person, having no criminal history, languishing in jail since 01.12.2020. Learned counsel further submits that if the applicants are released on bail they 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 applicants. Learned AGA further submits that in view of gravity of offence, they are not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of 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 applicants Nazir and Vakeel involved in the aforesaid case crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
ii. The applicants shall not threaten or harass the prosecution witness.
iii. 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.
iv. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel.
v. 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 CrPC (iv) argument / judgment.
vi. 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.
Order Date :- 8.4.2021
P.s.
