Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7925 of 2019 Applicant :- Anwar Husain Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra,Anil Kumar,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the offence under Section 371 I.P.C. has not made out against the applicant since there is no criminal history of the applicant and he cannot be said to be habitually dealing in slaves.
It has further been submitted that the applicant has been falsely implicated in this case. The real culprit is Noor Alam, who has been alleged to be person who sent three ladies in India for being sent to Arab. The applicant has been implicated by the police on the ground of suspicion along with co-accused. The applicant is in jail since 08.12.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Anwar Husain, be released on bail in Case Crime No. 237 of 2018, under Sections- 366, 370, 371 I.P.C. & 3/4/5 of Immoral Traffic (Prevention) Act, 1956 (S.I.T. Adhiniyam Punarnirmit), Police Station- Sonauli, District- Maharajganj, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial within a period of one year.
Order Date :- 26.8.2019 Rohit