Allahabad High Court
Sabir Ali vs State Of U.P. on 29 June, 2021
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- BAIL No. - 6141 of 2021
Applicant :- Sabir Ali
Opposite Party :- State of U.P.
Counsel for Applicant :- Indrajeet Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State, through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
The present bail application has been filed by the applicants in case Crime No. 97 of 2021 lodged under Sections 326, 323, 504,506 I.P.C at Police Station- Itiyathok, District-Gonda.
From a perusal of FIR dated 24.03.2021 lodged by the complainant it comes out that the applicant is said to have assaulted one, Sahid Ali the brother of the complainant which has resulted into serious injuries. It is contended that the applicant is in jail since 27.03.2021.
Learned counsel for the applicant contends that the nature of injuries would indicate that the injuries are not in serious nature. He also contends that the case is triable by Magistrate and the applicant is a 70 years old man and in jail since three months.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Having heard the learned counsel appearing for the contesting parties and having perused the records what is apparent is that the nature of injuries are not prima facie serious even otherwise the applicant is a person aged about 70 years and is in jail since last three months and considering the present COVID situation and the facts as enumerated above, the Court finds this is a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant, Sabir Ali, involved in the aforesaid crime number be released on bail on his 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 not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 29.6.2021
Pachhere/-
