Court No. - 52
Case :- CRIMINAL APPEAL No. - 3408 of 2018 Appellant :- Abdul Hasan Respondent :- State Of U.P. And Another Counsel for Appellant :- Bachcha Singh,Shamasul Eslam Counsel for Respondent :- G.A.,Kameshwar Singh
Hon'ble Rajul Bhargava,J.
Heard Shri Bachcha Singh & Sri Shamasul Eslam, learned counsels for the appellant, Sri Kameshwar Singh, Advocate appears for opposite party no.2, learned AGA for the State and perused the record.
This appeal has been filed against the judgement and order dated 8.6.2018 passed by Additional Sessions Judge, Court No.1, Ballia, in Bail Application No.781 of 2018, arising out of Case Crime No.93 of 2018, under Sections 363, 366, 109, 376 I.P.C., 3(2)5 of SC/ST Act and 17/3/4 of POCSO Act, P.S. Sikendrapur, District Ballia, by which bail plea of appellant has been rejected.
Learned counsel for the appellant states that the appellant has been falsely implicated in this case being father of co-accused Aarif. The victim has stated in her statement under Section 164 Cr.P.C. that she was having love affair with Aarif and the appellant had asked them to leave the village and solemnize marriage. Learned counsel for the appellant states that prima- facie, it appears that the victim was a consenting party and she had gone along with his son Aarif to Lumbni and then to Darjeeling and had stayed there for about 20 days. It is stated that the appellant is an old man of 70 years and he is in jail since 28.4.2018.
Per contra, learned counsel for the informant vehemently opposed the bail and submitted that the victim is a minor girl aged about 17 years. However, he could not dispute the statement under Section 164 Cr.P.C. in which no significant role has been attributed to the appellant.
Having heard the submission of learned counsel for the applicant- appellant, considering the facts and circumstances of the case and nature of accusation against appellant and evidence in support of it and unlikelihood of conclusion of trial in near future, I find that a case for bail has been made out.
In the result, appeal stands allowed. The order dated 8.6.2018 passed by Additional Sessions Judge, Court No.1, Ballia, in Bail Application No.781 of 2018, arising out of Case Crime No.93 of 2018, under Sections 363, 366, 109, 376 I.P.C., 3(2)5 of SC/ST Act and 17/3/4 of POCSO Act, P.S.
Sikendrapur, District Ballia, is set aside.
Let appellant-applicant-Abdul Hasan, be released on bail in aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.8.2018 Hasnain