Allahabad High Court
Usman Gaddi vs State Of U.P. on 22 July, 2021
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11181 of 2021
Applicant :- Usman Gaddi
Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Sharma,Pankaj Satsangi
Counsel for Opposite Party :- G.A.,Mohit Singh,Nitesh Kumar Srivastava
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicant, Sri Anil Shukla, learned counsel for informant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that earlier applicant have political affiliation with Bhartiya Janta Party (BJP), but thereafter he left BJP and joined Samajwadi Party (S.P.). After that, police has committed raid at the house of applicant, against which, wife of applicant has lodged F.I.R. against police personnel which was registered under sections 147, 148, 149, 354, 395, 397 IPC in which informant in the present case (Ganga Singh) is one of the witness in favour of police personnel. In that case, police has submitted final report, against which applicant has filed protest petition. In fact, only due to political reason, present F.I.R. has been lodged by the informant on the behest of police personnel under section 386 IPC alongwith other sections. In support of his contention, learned counsel for applicant relied upon the judgment of Apex Court passed in the matter of Dhananjay @ Dhananjay Kumar Singh vs. State of Bihar 2007 (14) SCC 768. In the light of judgment, no case of section 386 IPC or extortion is made out against the applicant as no money has been paid by the informant to him. Co-accused, Smt. Muradan has already been granted bail by this Court on 05.04.2021 in Criminal Misc. Bail Application No. 7313 of 2021. Apart from present case, there is criminal history of 12 cases of the applicant out of which he was either acquitted or proceedings were dropped in nine cases. Along with present case, he was also booked under section 4/25 Arms Act for which separate F.I.R. has been lodged. The applicant is languishing in jail since 20.12.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as Sri Anil Shukla, learned counsel for informant has vehemently opposed the prayer but could not dispute that no money has been paid to the applicant by the informant and also could not dispute explanation of criminal history.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Usman Gaddi, involved in Case Crime No. 438 of 2020, under Sections- 452, 386, 504, 506 I.P.C., Police Station- Kotwali, District -Budaun, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.7.2021
Sartaj
