Allahabad High Court
Waseem vs State Of U.P. on 11 April, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3397 of 2023
Applicant :- Waseem
Opposite Party :- State of U.P.
Counsel for Applicant :- Ehtesham Afsar Khan
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Ehtesham Afsar Khan, learned cousnel for applicant, Sri Sunil Srivastava, learned A.G.A. and perused the records.
2. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.146 of 2021, under Sections 302, 201 and 34 I.P.C., Police Station-C.B.Ganj, District-Bareilly after rejection of his Bail Application vide order dated 4.1.2023 passed by learned Sessions Judge, Bareilly.
3. In the present case deceased was missing since 1.5.2021. However a missing report was lodged on 13.5.2021 and on 14.5.2021, dead body of deceased was recovered, thereafter present F.I.R. was lodged against six named accused, but the applicant was not named.
4. During investigation, prosecution story further indicates that one of the co-accused has given a loan to the applicant, however, he failed to return back. After sometime, settlement was arrived and co-accused took victim to a place, where named accused killed him.
5. During investigation, it was further revealed that occurrence took place at the place of applicant and place of co-accused's in-law. Applicant along with co-accused Nadeem, brother of present applicant were present there and role assigned to them was that they put dead body in a sack and threw it near the river, from where it was recovered.
6. Learned cousnel for the applicant submitted that P.W.1 (informant) has not supported the prosecution case and has been declared hostile.
7.Learned cousnel further submitted that all the named accused persons have been granted bail either by this Court or by Supreme Court. Even similarly situated co-accused Nadeem has also been granted bail by this Court. Applicant is languishing in jail since 20.10.2022, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
8. Learned A.G.A. submitted that there is specific evidence against applicant in form of statements of his mother and father that co-accused have caused death at their place and the applicant and co-accused Nadeem have committed offence of disappearance of evidence.
9. I have carefully perused the bail orders passed by co-ordinate Bench of this Court. However, apparently, reasons given therein may not be approved in terms of the judgment passed by Supreme Court in Manoj Kumar Khokhar vs. State of Rajasthan and Anr. (2022)3 SCC 501; and Brijmani Devi Vs. Pappu Kumar (2022) 4 SCC 497.
10. Still considering that similarly situated co-accused has been granted bail and one of co-accused has been granted bail by Supreme Court as well as that maximum allegation against the applicant is of committing an offence under Section 201 I.P.C., and that first informant has been declared hostile during trial, therefore, applicant has also made out a case for bail.
11. Let the applicant-Waseem, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of the applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned Trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned Trial Court without even issuing notice.
12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
13. The bail application is allowed.
14. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 11.4.2023
SB
