Allahabad High Court
Islam Ahmad vs State Of U.P. on 6 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43172 of 2022
Applicant :- Islam Ahmad
Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Mishra Gana
Counsel for Opposite Party :- G.A.,Ram Kumar Yadav
Hon'ble Siddharth,J.
Heard Sri Sanjeev Mishra, learned counsel for the applicant, Sri Ram Kumar Yadav, learned counsel for the informant and learned A.G.A. for the State.
Initially first information report was lodged under Section 363 I.P.C. Thereafter dead body was recovered and same was converted under Sections 363, 302, 201 I.P.C.
Learned counsel for the applicant submits that the applicant is not named in the first information report. Dead body of deceased was recovered from the sugar cane field. Thereafter the applicant was implicated on the basis of his confessional statement recorded before the informant and other members of the family of the deceased. It is alleged that in the confessional statement, the applicant confessed that he had affair with the sister of the deceased, therefore he was killed by the applicant. The investigating officer has not been able to collect call details as mentioned in the rejection order of the court below. Applicant is in jail since 02.01.2022.
Learned AGA and learned counsel for the informant have gone through the call details have not been able to find out any call details recording talking of the deceased with the sister of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Islam Ahmad, involved in Case Crime No.909 of 2021, under Sections 363, 302, 201 I.P.C, Police Station Baheri, District- Bareilly 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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 applicants fail 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.
(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 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 complainant is free to move an application for cancellation of bail before this court.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.1.2023
SS
