The court has the discretion to grant bail to an accused person if the court is satisfied that the accused person has made out a case for bail.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55942

of 2021

Applicant :- Afsaroon

Opposite Party :- State Of U.P. Through Secretary Home At

Lucknow

Counsel for Applicant :- Atul Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

Heard learned counsel for the applicant and learned A.G.A. for

the State through video conferencing and perused the material

placed on record.

Applicant seeks bail in Case Crime No. 14 of 2007 U/S 147,

148, 149, 307 IPC, Police Station Shahpur, District Muzaffar

Nagar, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant

is absolutely innocent and has been falsely implicated in the

present case with a view to cause unnecessary harassment and

to victimize him. He has further stated that the applicant was on

bail in the present case but due to his abscondance, an NBW

was issued against him vide order dated 16.1.2019 and the

applicant is attending the Court on warrant from jail since

23.9.2021. It is further stated that the applicant has not

deliberately disobeyed the order of the Court and he shall

certainly abide with the order. The applicant is languishing in

jail since 23.9.2021. In case, the applicant is released on bail, he

will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

Keeping in view the nature of the offence, evidence on record

regarding complicity of the accused, larger mandate of the

Article 21 of the Constitution of India and 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 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- Afsaroon, who is involved in aforementioned

case crime be released on bail on his furnishing a personal bond

and two heavy local 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 file an undertaking to the effect that he

shall not seek any adjournment on the date 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 IPC.

(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., may be issued and if 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 IPC.

(iv) The applicant shall remain present, in person, before the

Trial Court on dates fixed for (1) opening of the case, (2)

framing of charge and (3) 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, it shall be a

ground for cancellation of bail.

It is made clear that observations made in granting bail to the

applicant shall not in any way affect the learned trial Judge in

forming his independent opinion based on the testimony of the

witnesses.

Order Date :- 12.1.2022

Shalini

Digitally signed by KRISHAN PAHAL

Date: 2022.01.13 19:15:59 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad