Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10913 of 2018 Applicant :- Haneef Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Supplementary affidavit has been filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, who is involved in Case Crime No. 12 of 2018, under Sections 3/5/25 Arms Act, Police Station Sikhera, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there is no public witness of the alleged recovery of two country made pistols, two guns, one rifle, some cartridges and some instruments. It is further submitted that applicant has no criminal history. Lastly, it is submitted that the accused-applicant is in jail since 14.01.2018 and he undertakes not to misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Haneef, be released on bail in Case Crime No. 12 of 2018, under Sections 3/5/25 Arms Act, Police Station Sikhera, District Muzaffar Nagar on his furnishing a personal bond and two reliable sureties of 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 and 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 23.3.2018 T.S.