Allahabad High Court
Maqbool vs State Of U.P. on 23 February, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 2359 of 2021
Applicant :- Maqbool
Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Singh,Anoop Kumar,Kunwar Prithvi Tomar
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant Sri Manoj Kumar Singh, Advocate and learned A.G.A. for the State Sri S.P. Tiwari, Advocate and perused the record.
The present bail application is filed on behalf of the accused-applicant- Maqbool, who is involved in Case Crime No.454/2016, under Sections 323, 504, 506, 308 of I.P.C., registered at Police Station- Kotwali Nanpara, District- Bahraich.
Learned A.G.A. is to protest the bail plea on the basis of instructions and copy of case diary with him.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Special Judge/Additional Sessions Judge (SC/ST Act), Bahraich vide its order dated 20.01.2021. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel for the applicant reading over the first information report submitted that on 2.4.2016 at about 9:30 A.M. accused persons namely Maqbool, Nangode, Sageer and Shakir were leveling the ditch which was made by the complainant around his agricultural field for protection of his crops, when complainant objected then accused persons extended abuses and when complainant again objected then they started beating him with kicks, fists and lathi, extending threat of life, thereafter they ran away and the deceased got injured.
Learned counsel further submitted that the present applicant-accused is innocent and falsely been implicated in this case due to enmity on the basis of baseless allegations, there are general allegations against the present accused-applicant along with other co-accused for causing injury to the injured by kicks, fists and lathi and no specific role has been assigned to the accused-applicant and is languishing in jail since 15.1.2021.
Learned counsel for the applicant further submitted that there are material contradictions in the statements of injured, Jabbar Khan and the witnesses Rabbul and Hamidullah recorded under Section 161 Cr.P.C. which shows that no specific role of causing injuries has been assigned to anybody and injuries received by injured are neither grievous nor dangerous to life, hence no offence under Section 308 I.P.C. is made out against the applicant.
Learned counsel further submitted that there is no independent witness or eye witness of the alleged occurrence and even at the time of alleged incident applicant was not present on the spot.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Maqbool), involved in Case Crime No.454/2016, under Sections 323, 504, 506, 308 of I.P.C., registered at Police Station- Kotwali Nanpara, District- Bahraich be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) 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.
(iii) In case, the applicant misuse 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.
(iv) 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 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 him in accordance with law.
Order Date :- 23.2.2021
Gaurav/-
