Allahabad High Court
Naushad vs State Of U.P. on 28 June, 2021
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9994 of 2021
Applicant :- Naushad
Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kumar Mishra,Sunil Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 607 of 2020, under Sections 304, 427 I.P.C., Police Station-Jhinjhana, District-Shamli during the pendency of trial.
On 28.12.2020, informant Kavaljeet Singh lodged F.I.R. against the applicant for the offence under Sections 279, 304-A and 427 I.P.C. alleging inter alia that accused applicant caused injury to the father of informant on account of rush and negligent driving of Scorpio Vehicle No. HR 26 CH-6814 whereby father of the informant died at the spot in the said accident.
It is argued by the learned counsel for the applicant that the offence under Sections 279, 304-A and 427 are bailable and triable by Magistrate. It is next submitted that apart from this case the applicant has a criminal history of two cases being Case Crime No. 228 of 2004, under Sections 323, 324, 34, 504, 506 I.P.C., in which the applicant has been acquitted by judgment and order dated 16.05.2009 of the trial court and in Case Crime No. 0273 of 2016, under Sections 457, 380 I.P.C., Police Station Jhinjhana, District-Shamli the investigating officer has submitted final report on 25.03.2017. The averment in this regard has been made in paragraph 7 of the IInd supplementary affidavit. The applicant is in jail since 31.12.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Naushad be released on bail in the aforesaid case crime number on 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 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 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.
(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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.6.2021
Sunil Kr. Gupta
