Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41574 of 2018 Applicant :- Abdul Wahid Alias Veda Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that the applicant is not named in the first information report and the name of the applicant was disclosed by the co-accused-Namey Ali, who was having enmity with the applicant. Criminal history of the applicant has been satisfactorily explained in the paragraph no.14 of the affidavit to the application. The case of the applicant is similar to that of co-accused Faimuddin, Vilal and Name Ali, who have already been admitted to bail by this Court vide orders dated 6.7.2018, 30.7.2018 and 20.8.2018 in Criminal Misc. Bail Application Nos.25000 of 2018, 28399 of 2018 and 31395 of 2018, respectively. The applicant is languishing in jail since 17.7.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Abdul Wahid Alias Veda involved in Case Crime No.132 of 2018, under Sections 395, 412 I.P.C., Police Station-Kadar Chowk, District-Badaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount 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 misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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.
(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 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.
Order Date :- 30.10.2018 S Rawat