Allahabad High Court
Mohd. Iliyas 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. - 5913 of 2021
Applicant :- Mohd. Iliyas
Opposite Party :- State of U.P.
Counsel for Applicant :- Prashansa Singh,Amit Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicant and learned Additional Government Advocate through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
Present bail application has been filed by the accused/applicant, who is involved in Case Crime No.280 of 2020, under Sections 323, 354-Kha, 379 and 427 IPC, Police Station Rajesultanpur, District Ambedkar Nagar. As per the version of the first information report, it comes out that the applicant assaulted the complainant Usha Devi on account of which she suffered injuries.
Learned counsel for the applicant contends that a long standing dispute is going on between the applicant and the complainant pertaining to Abadi land which is in front of house of the complainant and the said first information report is a result of said enmity over the aforesaid piece of land. It is also contended that the applicant is an innocent person and has been falsely implicated in the instant case and he is in jail since 18.01.2021.
On the other hand, learned AGA has opposed the bail application.
Having heard learned counsel for the parties and having perused the records what is apparent is that a specific averment has been made in paragraph 7 of the bail application that there is a long standing dispute between the complainant and the applicant over Abadi land. The applicant is said to be of 50 years having wife and children. Even otherwise, the applicant is in jail since 18.01.2021. Considering the aforesaid, the Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant, Mohd. Iliyas, 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
A. Katiyar
