The Allahabad High Court has allowed the bail application of the accused charged under the FIR lodged in Bekanganj police station of Kanpur Nagar for causing damage to public property and rioting.

A Single Bench of Justice Surendra Singh-I passed this order while hearing a Criminal Misc Bail Application filed by Bilal.

The bail application has been filed on behalf of the applicant, Bilal, with a prayer to release him on bail in Case registered under Sections 147, 148, 149, 153, 307, 323, 332, 333, 336, 353, 427, 504, 506, 34, 327 IPC, Section 7 of Criminal Law Amendment Act, 2013 and Section 3/4 of Prevention of Damage to Public Property Act, 1984, Police Station- Bekanganj, District- Kanpur Nagar (Eastern Commissionerate), during pendency of trial.

Counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the case.

It is next submitted that there is no picture or video clip which may show that the alleged crime has been committed by the applicant at the place of occurrence.

It is further submitted that identically circumstanced co-accused, Saiyad Anas Hasan has been enlarged on bail by a coordinate Bench of the Court order dated 17.10.2022. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant has been languishing in jail since 03.06.2022.

He has a criminal history of two cases. In case the applicant is released on bail, he will not misuse the liberty.

Per contra, AGA has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.

“Considering the material/evidence brought on record, the submissions made by the counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused, Saiyad Anas Hasan has been enlarged on bail by a coordinate Bench of this Court, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs State of U.P and another reported in (2018) 3 SCC 22, the Court finds it to be a fit case for bail”, the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant, Bilal, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

4. 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;

5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 CrPC 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.

6. 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 CrPC. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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.

The Supreme Court on Friday issued notice in a bail application filed by an accused under section 147 (Rioting), 148 (Rioting, armed with deadly weapons), 149 (Every member of Unlawful Assembly guilty of offence committed), 341 (Wrongful restraint), 323 (Voluntarily causing hurt), 302 (Murder), 506 (Criminal Intimidation) and 34 (Common intention) of the Indian Penal Code.

The notice has been issued by a divisional bench of Justice Hemant Gupta and Justice V. Ramasubramanian.

Accused Bhagwan Singh moved to the apex court for grant of bail, challenging the order of Madhya Pradesh High Court, wherein the High Court dismissed the second bail application of Bhagwan Singh.

The Prosecution averred that Bhagwan Singh and other co accused persons had previous enmity with Deceased Sanjeev, thus abstained and surrounded him, threatened and started assaulting him with respective weapons. Deceased Sanjeev family members arrived there to rescue him, but they were also assaulted by the accused persons. Deceased Sanjeev lied on the ground, blood was flowing out from the injuries inflicted on him. The deceased was declared brought dead.

Learned counsel for Bhagwan Singh contended before the High Court of Madhya Pradesh in its 2nd Bail Application that Bhagwan Singh is in custody since 27/08/2020. Since Charge-sheet has already been filed, therefore no further custodial interrogation is required.

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It was further submitted that there is no specific allegation against Bhagwan Singh with regard to assaulting the deceased by any weapon. The only allegation against him is of exhortation.

Another contentions raised by counsel of Bhagwan Singh before High court that he was only standing on the spot of incident but there is no allegation of causing any injury to the victim, therefore, no offence under Section 302 of the IPC is made out.

Source: ILNS