1. Heard learned counsel for applicant, learned A.G.A. for the State-respondent and perused records.
2. This bail application has been moved by the accused/applicant for grant of bail, in Case Crime No. 346 of 2019, under Sections 419, 420, 467, 468 and 471 IPC and Section 12 of the Passport Act, relating to Police Station Itiyathok, District Gonda.
3. Allegation in the First Information Report is that the applicant, by impersonation has applied for the Passport, which has been issued being Passport No.4850853 in the name of Mohd. Farooq, while the correct name of the applicant is Hafiz Mohammad Haroon. Further allegation is that, with the said Passport, he use to travel across the world.
4. Submission of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the case by his younger brother due to some dispute of property. He submits that the dispute between the applicant and the complainant arose when the complainant had fraudulently got a sale deed executed in his favour, which was the property of their father. He submits that the complainant made several efforts to get cancelled the Passport of the applicant, upon which enquiry was being conducted and a report was submitted that Haroon Mohammad and Farooq Mohammad is the same person and Hafiz Mohammad Haroon (applicant) is also known as Farooq Mohammad. He submits that the applicant is permanent resident of District Gonda and there is no chance of his fleeing away. He is languishing in jail since 5.12.2019, i.e. for more than one and a half year. He also submits that the trial is not likely to be concluded in the near future.
5. It is also submitted and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty, therefore, his submission is that the applicant is entitled to be enlarged on bail.
6. Learned A.G.A., however, on the other hand submits that the applicant is not entitled to be granted bail, but does not dispute the submission advanced by learned counsel for the applicant.
7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, looking to the period of custody of the applicant, the fact that the trial is not likely to be concluded in the near future and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed.
8. Let applicant Hafiz Mohammad Haroon be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 for one year after being released on bail shall report once in a month to the S.H.O. of local police station i.e. P.S. Itiyathok, District Gonda.
(iii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(iv) 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.
(v) 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.
(vi) 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.
(vii) The applicant shall not leave India without leave of the Court concerned.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. Observations made herein-above are only for the purpose of disposal of this bail application and the same shall not have any bearing on the trial of the case.
Order Date :- 25.8.2021 Gautam