Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13880 of 2021 Applicant :- Intekhab Husain Opposite Party :- State of U.P.
Counsel for Applicant :- Zafar Abbas,Faheem Ahmad,Saiyad Iqbal Ahmed,Sharique Ahmed Counsel for Opposite Party :- G.A.,Shreeprakash Singh
Hon'ble Neeraj Tiwari,J.
Counter and rejoinder affidavits filed today be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Shreeprakash Singh, learned counsel for the informant.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case due to reason that applicant is brother of co-accused Sadab Hussain. It is next submitted that civil dispute is pending between the parties with the regard to society in question. For registration of that, both the parties have submitted their papers before Central Registrar, but till date society has not been recognized and matter is still pending. It is further submitted that except being brother of co- accused Sadab Hussain, no other allegation is against the applicant. There are 40 Directors out of which applicant is also one of them. It is further submitted that co-accused Mohd Yaseen and Iqbal Hussain have been granted anticipatory bail by this Court vide orders dated 13.1.2021 & 18.1.2021 in Criminal Misc. Anticipatory Bail Application Nos. 584 of 2021 & 669 of 2021 respectively. Applicant is having criminal history of four cases pertaining to same nature, which are explained in the affidavit. He is languishing in jail since 15.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Sri Shreeprakash Singh, learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail, but could not dispute this fact that applicant is brother of co- accused Sadab Hussain as well as Director.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Intekhab Husain, involved in Case Crime No. 14 of 2020, under Sections- 420, 467, 468, 471 IPC, Police Station- Kotwali, District- Rampur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfilment of following conditions:-
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.
4. 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;
5. 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.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021 Junaid