Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32294 of 2019 Applicant :- Majbool Hasan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. S.K. Pundir, Advocate, holding brief of Mr. Mohd. Aslam, learned counsel for the applicant, the learned A.G.A. for the State and Mr. Amit Rai, learned counsel who has filed his vakalatnama on behalf of the complainant in Court today, which is taken on record.
This application for bail has been filed by the applicant Majbool Hasan seeking his enlargement on bail in Case Crime No. 50 of 2019, under Sections 452, 354, 323, 504, 506, 376, 511 I.P.C., Police Station Chhapar, District Muzaffar Nagar, during the pendency of the trial in the above mentioned case crime number.
In respect of an incident which occurred on 10.02.2019, an F.I.R. dated 12.2.2019 was lodged by Sajid Ali ,husband of the victim namely Fatma, which was registered as Case Crime No. 50 of 2019, under Sections 452, 354, 323, 504, 506, 376, 511 I.P.C., Police Station Chhapar, District Muzaffar Nagar. In the aforesaid F.I.R., the applicant Majbool Hasan was nominated as the named accused. Subsequent to the F.I.R. dated 12.2.2019, the statement of the victim was recorded under section 161 Cr.
P. C. on 5.3.2019 followed by her statement under section 164 Cr. P. C. on 20.4.2019. According to the learned counsel for the applicant, the victim has not been medically examined. According to the prosecution story as unfolded in the F.I.R., it is alleged that the applicant, who is a neighbour of the first informant, came in the house of the first informant and outraged the modesty of his wife.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant is in jail since 2.7.2019. He then submits that the statement of the prosecutrix under section 161 Cr. P. C. was recorded after 23 days from the date of the lodging of the F.I.R., whereas her statement under section 164 Cr. P. C. was recorded after more than 2 months from the date of lodging of the F.I.R. He further submits that even if the allegations made in the F.I.R. are taken to be correct no offence under section 376 I.P.C. can be said to have been committed by the present applicant. As such, the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. and the learned counsel for the complainant have opposed the prayer for bail. However, they could not dispute the factual and legal submissions urged by the learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State, complicity of the accused, nature of the offence and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Majbool Hasan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 I.P.C..
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
Order Date :- 21.8.2019 HSM