Neutral Citation No. - 2024:AHC-LKO:33669
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4639
of 2024
Applicant :- Atiulla And Another
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Dharm Trivedi
Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the applicants and learned AGA for
the State-respondent.
The submission of the learned counsel for the applicants is that
the applicants have been falsely implicated in Case Crime
No.108 of 2024, under Sections2(b)(i)/3 U.P. Gangster Act,
Police Station Paliya, District Kheri.
The submission of the learned counsel for the applicants is that
only one case has been shown against the applicant in the gang-
chart with regard to Case Crime No. 673 of 2022, under
Sections 364, 302, 201 IPC, Police Station Palia, District Kheri.
It is urged that in the aforesaid case, the applicants had applied
for bail bearing Criminal Misc. Bail Application Nos. 6009 of
2023 and 7566 of 2023 and a Coordinate Bench of this Court by
means of the orders dated 7.8.2023 and 11.8.2023 enlarged the
applicants on bail and a copy of the said bail orders has also
been placed on record as Annexure no.2. It is also submitted
that on the basis of the said case shown in the gang chart, the
applicants have been falsely implicated in the instant case. It is
also urged that similarly situate co-accused Waris Ali has
already been granted bail by this Court vide order dated
27.4.2024 passed in Criminal Misc. Bail Application No. 4461
of 2024. Moreover, the applicants are not a member of any gang
or gang leader. They are languishing in jail since 24.3.2024.
Learned A.G.A. has opposed the prayer for bail, however, could
not dispute the aforesaid facts.
Considering the rival submissions, the facts and circumstances
of the case and the material available on record as well as
considering the nature of allegations and accusation against the
applicants, the severity of the punishment if convicted and the
period of incarceration as well as the fact that no apprehension
has been expressed by the learned AGA that the applicants are
at the risk of fleeing justice or that he would tamper with
evidence or influence any witness, hence, at this stage, without
expressing any opinion on the merits of the case, this Court is
of the view that the applicants are entitled to be released on
bail.
Let the applicants- Atiulla and Shakib Khan involved in Case
Crime No. 108 of 2024, under Sections 2(b)(i)/3 U.P. Gangster
Act, Police Station Paliya, District Kheri be released on bail on
their furnishing a personal bond with two reliable sureties each
in the like amount to the satisfaction of the court concerned.
At the time of executing required sureties the following
conditions shall be imposed in the interest of justice:-
(i) The applicants 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 applicants 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 applicants 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 applicants 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.
(v) The applicants shall neither influence any witness nor
tamper with any evidence after their release.
Order Date :- 30.4.2024
Shravan
Digitally signed by :-
SHRAVAN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench