Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9274 of 2019 Applicant :- Furkan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.,Anurag Vajpeyi
Hon'ble Pankaj Naqvi,J.
Heard Sri Vimlendu Tripathi assisted by Sri Sri Vidit Narayan Mishra, learned counsel for applicant-Furkan, Sri A.N. Mulla, the learned A.G.A. and perused the records.
Applicant - Furkan seeks bail in Case Crime No.1079/2018, under Sections 328, 376, 506, 385 IPC, P.S. Dadari, District - Gautam Budh Nagar.
It is submitted by learned counsel for the applicant that the victim is a married woman of 35 years, having 5 children with her husband, a driver, being not satisfied with her husband, developed a consensual relationship with the applicant, aged 24 years, allegations are malafidely motivated under pressure of the husband of the victim, FIR is highly belated, applicant claims no criminal history, is languishing in jail since 5.12.2018, undertakes not to misuse the liberty, trial is not likely to be concluded in near future, he be enlarged on bail.
Learned AGA has opposed the submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Furkan involved in aforesaid case be released on bail on furnishing a personal bond and two heavy 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:-
(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 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 :- 29.5.2019 N.S.Rathour