Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40485 of 2019 Applicant :- Ahsan Opposite Party :- State Of U.P. And Antoehr Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Shabana Nizam Hon'ble Virendra Kumar Srivastava,J.
Mrs. Shabana Nizam, Advocate has filed vakalatnama on behalf of the informant, is taken on record.
The instant bail application has been filed for bail of applicant- Ahsan involved in Case Crime No. 119 of 2019, U/s 363, 366, 368, 376, 120-B of I.P.C. and Section 3/4 of POCSO Act, P.S. Nagina Dehat, District Bijnor.
Heard learned counsel for the applicant, learned A.G.A. for the State and Mrs. Shabana Nizam, learned counsel for the informant are present and peruse the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is not named in the first information report; no allegation has been made against him either in the F.I.R. or in the statement of victim recorded under Section 164 Cr.P.C. Learned counsel further submits that the accused who were named in the F.I.R.
i.e. Shahrukh Khan, Azad and Shehzad have already been enlarged on bail by the co-ordinate Bench of this Court and copies whereof have been annexed vide annexure no. 8. Learned counsel further submitted that the applicant is law abiding person having no criminal antecedents. Applicant is languishing in jail since 11.8.2019. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Ahsan involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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. and (iv) argument/judgement.
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 :- 30.9.2019 Saurabh