Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26950 of 2018 Applicant :- Aaftab Alias Afzaal Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Singh,Sikandar Khan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Short counter affidavit has been filed by the learned A.G.A. for the State is taken on record.
Heard Sri Santosh Singh & Sikandar Khan, learned counsel for the applicant and Sri Irshad Hussain, learned brief holder for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He was neither arrested on the spot nor any recovery was made from his possession. The applicant is in jail since 29.5.2018 and he undertakes to co-operate in the trial.
Learned counsel A.G.A. states that the requisite sanction for the prosecution of the co-accused Shiv Raj Singh has not been granted till date, hence the charge could not be submitted against him till date.charge-sheet has not been submitted till date and the same is still pending.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the applicant is entitled to be released on bail.
Let the applicant Aaftab Alias Afzaal involved in Case Crime No. 482 of 2018, under Sections 419, 420 IPC and Section7/8/13 of the Prevention of Corruption Act, P.S. Masuri, District Ghaziabad, be released on bail on his furnishing personal bond with two heavy sureties (out of which one surety should be family members) to the satisfaction of the court concerned with the following conditions:-
(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.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant 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.
(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 applicants are 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.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 11.9.2018 A.P. Pandey