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2021 DIGILAW 190 (ALL)

Shikandar v. State of U. P.

2021-02-01

ALOK MATHUR

body2021
JUDGMENT : ALOK MATHUR, J. 1. Heard Mr. Vivek Kumar Rai, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 259 of 2019, under Sections 147/148/302/427 I.P.C. subsequently added Section 34 IPC, P.S. Baskhari, District Ambedkar Nagar. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the aforesaid case. It has been submitted that as per the F.I.R. on 29.11.2019 at about 11.00 p.m. at night, the complainant along with his servant Abhishek have gone to meet a girl where he was accosted by several persons which are named in the F.I.R. all of them assaulted the deceased who died on the spot. Subsequently, the Abhishek who accompanied the decease, his statement was recorded under Section 161 Cr.P.C. where he reiterated the contents stated in the first information report but name of the applicant was not mentioned. 4. Subsequently, after 11 days another statement was recorded under Section 161 Cr.P.C. of the Abhishek who took the name of the applicant. It is relevant to note that even in the revised statement no role has been ascribed to the applicant. It has been stated that it is highly unlike that a person go to meet his girl friend accompanied by his servant. 5. It has further submitted stated that other co-accused, namely Ankit and Jawahir have already been granted bail by this Court vide orders dated 20.1.2021 and 08.01.2021 passed in Bail No. 605 of 2021 and Bail No. 147 of 2021 respectively, so the same benefit may also be extended to the present applicant on the ground of parity. 6. It is submitted that applicant is languishing in jail since 10.12.2019 and there is no previous criminal history of the accused. The counsel contends that there is no possibility of the applicant fleeing away from justice or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. 7. Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. 7. Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. 9. Let the applicant, namely, Shikandar involved in Case Crime No. 259 of 2019, under Sections 147/148/302/427 I.P.C. subsequently added Section 34 IPC, P.S. Baskhari, District Ambedkar Nagar 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that she would 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 her 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 her 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 her 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 her in accordance with law. 10. The bail application is accordingly disposed of.