Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4743 of 2018 Applicant :- Arshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Utkarsh Pandey Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed today by learned counsel for the informant is taken on record.
Heard Sri Utkarsh Pandey, learned counsel for the applicant and Sri Abhinav Prasad,learned A.G.A. appearing for the State and perused the record.
According to the prosecution case, the FIR was lodged by the complainant alleging therein that she had given her house to her relative Arshad and his family members until they can get any other accommodation for living. After some time, when the complainant asked for eviction of the house, the accused did not pay any attention and prepared forged receipt dated 25.7.2016 and when the complainant again asked to evict her house, the accused persons abused her and given threat to her life.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It is next contended that the FIR was lodged by the complainant belatedly after a lapse of two months without any plausible explanation. It is next contended by learned counsel for the applicant that the dispute between the parties is of civil nature which has been dragged into criminal prosecution of the applicant on behalf of the complainant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 7.10.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Arshad involved in Case Crime No. 887 of 2017, under Sections 147, 420, 406, 323, 504, 506, 452, 467, 468, 471 I.P.C., Police Station Sardhana, District Meerut be released on bail 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:-
(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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
In case of breach of any of the above conditions or in case of default in deposition of amount as directed herein above, the trial court will be at liberty to cancel the bail granted herein above and the applicant will be taken into custody immediately.
Order Date :- 29.3.2018 Su