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Allahabad High Court · body

2015 DIGILAW 1516 (ALL)

Bazeer Khan v. State of U. P.

2015-06-10

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. Heard Sri Ansar Ahmad, Advocate appearing for the applicant and learned A.G.A. 2. Learned counsel for the applicant in support of the prayer for bail to the applicant, submits that after 49 days of the incident name of the applicant came into light when he is alleged to be arrested in connection with some other offence. At the time of his arrest, first informant of this case also happened to be there and identified the miscreants who killed his brother. According to learned counsel for the applicant, there is no credible evidence against the applicant and only on the basis of suspicion, he cannot be confined indefinitely in jail. 3. On behalf of the State, bail has been opposed on the ground that the applicant has criminal history. 4. The criminal history comprises the present case and the case subsequent thereto. The only evidence whatever may be is the statement of the first informant who identified the applicant by name after 49 days of the incident. I think that it is a fit case for bail. The bail application is allowed. 5. Let the applicant-Bazeer Khan involved in Case Crime No. 1 of 2015, under Sections 323/336/307/302 I.P.C., Police Station Ekdil, District Etawah, 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 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. (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.