An accused is entitled to bail if he can make out a case for it, considering the nature of the offence, the evidence, the complicity of the accused, the submissions of the learned counsel for the parties, the larger mandate of Article 21 of the Constitution of India, and the overcrowding in jails.

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