Allahabad High Court
Gafoor Khan vs State Of U.P. on 25 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3820 of 2021
Applicant :- Gafoor Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Raman Mishra
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 Ashish Raman Mishra, Advocate, 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- Gafoor Khan, who is involved in Case Crime No.132/2019, under Sections 323, 504, 506, 308 of I.P.C., registered at Police Station- Kotwali Bhinga, District- Shrawasti.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Sessions Judge, Shrawasti vide order dated 26.2.2021. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel for the bail-applicant on reading over the F.I.R. submitted that complainant has lodged FIR against the applicant and his brother Rafeeq on 11.4.2019 alleging therein that on 11.4.2019 at about 9:30 a.m., when the complainant was returning to his house from Bhinga, in the way the present accused-applicant assaulted him by deadly weapons.
Learned counsel for the applicant further submitted that the accused-applicant is innocent and has falsely been implicated due to malafide intention and no such incident ha taken place as alleged by the complainant and in jail since 9.2.2021.
Learned counsel for the applicant further submitted that only the complainant had received injury in the alleged incident but later on, the complainant, just to give strength to the false prosecution story, has also introduced his cousin, who had come to the house of applicant to cause injury to the applicant, as injured of the case. Medical report of the complainant and injured reveals that one facture injury of skull, all the injuries of complainant and injured are simple in nature.
Learned counsel for the bail applicant further submits that the equally circumstanced co-accused Rafeeq Khan, who was assigned the similar role by the prosecution has been granted bail by co-ordinate Bench of this Court vide order dated 10.6.2020 (annexed as Annexure No.8), therefore, the present bail applicant has also been entitled for bail.
Learned A.G.A. protest the bail application but has not disputed with the fact stated by learned counsel for the 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.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking into the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Gafoor Khan), involved in Case Crime No.132/2019, under Sections 323, 504, 506, 308 of I.P.C., registered at Police Station- Kotwali Bhinga, District- Shrawasti 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 :- 25.3.2021
Gaurav/-
