Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13888 of 2019 Applicant :- Kadir Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Samiuzzaman Khan,Syed Mohammed Jafer Husain,Syed Wajid Ali Counsel for Opposite Party :- G.A.,Jai Bahadur Singh
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed today which is taken on record.
Heard Sri Syed Wajid Ali, learned counsel for the applicant, Sri Jai Narain, learned A.G.A. for the State, Sri Jai Bahadur Singh, learned counsel for the complainant and perused the record.
It has been argued by learned counsel for the applicant that as per the allegations levelled by the informant i.e. the mother of the prosecutrix, the victim has taken cash and ornaments and eloped from her house and the informant suspects the hand of the applicant. It is further alleged that as per statement of the prosecutrix recorded u/s. 164 Cr.P.C, though she stated to have been enticed away by the applicant, she remained with him for about 20-25 days and vague allegations have been levelled by her that she was being taken by the applicant for the purpose of sale. She stated her age to be about 25 years but as per her academic records, she is aged about 16 years.
Learned counsel for the complainant opposed the prayer for bail..
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Kadir involved in Case Crime No.856 of 2018 under Sections 363, 366 IPC, Police Station Kotwai, District Fatehpur be released on bail on his furnishing a personal bond with two sureties each in 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of eight months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 29.5.2019 Madhurima