Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39496 of 2019 Applicant :- Ishrat Ullah Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Narain Singh,M.N. Singh Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the accused-applicant Ishrat Ullah Khan, who is involved Case Crime No.251 of 2018 under Sections 3/7 of Essential Commodities Act, Section 66-D of Information Technology Act, under Section 420 IPC, Police Station-Kotwali, District-Kanpur Nagar.
Submission of learned counsel for the applicant is that the applicant is a fair price shop holder and he is innocent and has falsely been implicated in this case. It has further submitted that applicant is not named in the F.I.R. It has also submitted that applicant has been roped in the present case along with other 41 persons but no details of forgery or written complaint has been shown by any consumer. It has next submitted that he has no criminal history. Similarly placed co-accused, namely, Fahim Ahmad, Prabhat Kumar, Sabir Ali, Ashish Pal and Minhaj Uddin have already been enlarged by the Co-ordinate Bench of this Court by order dated 18.12.2018, 29.01.2019, 30.01.2019, 01.02.2019 and 18.02.2019 in Crl. Misc. Bail Application No.43498 of 2018, 3925 of 2019, 4216 of 2019, 01.02.2019 and 473 of 2019 respectively, therefore, applicant is also entitled to be released on bail. It has lastly been submitted that applicant, who is in jail since 29.08.2019 does not have any criminal history in his credit. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the factual contention made by the learned counsel for the accused-applicant.
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 and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Ishrat Ullah Khan) 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 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.
Order Date :- 26.9.2019 Pr/-