Allahabad High Court
Mohd Zahid vs State Of U.P. on 31 May, 2022
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21594 of 2022
Applicant :- Mohd Zahid
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Rai,Garun Pal Singh
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Garun Pal Singh, learned counsel for the applicant, Mr. Jay Prakash, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Mohd Zahid with a prayer to release him on bail in Case Crime No.93 of 2022, under Sections 420, 406, 504, and 506 IPC, Police Station-Civil Lines, District-Muzaffar Nagar, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that a registered agreement to sale deed has been executed by the applicant in favour of the first informant on 30th July, 2018. The present first information report has been lodged on 8th March, 2022 under Sections 420, 406, 504, 506 IPC against the applicant that applicant has committed fraud and has not executed to sale deed in favour of the first informant. It is further submitted that dispute is purely civil in nature and remedy lies before the civil Court by way of filing the suit for specific performance. It is next submitted that he placed reliance upon the Apex Court judgment dated 26th October, 2021 Mitesh Kumar J. Sha vs. State of Karnataka and others wherein it is held that that criminal proceeding cannot be instituted where the dispute is purely of civil in nature. It is also submitted that the applicant has no criminal history and he is in jail since 01.04.2022.
Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant-Mohd Zahid involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant shall file an undertaking to the effect that 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2022
PS
