Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31870 of 2018 Applicant :- Majid Husain Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Singh,Raj Kumar Singh Chauhan Counsel for Opposite Party :- G.A.,Anand Tiwari
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged between the parties.
Heard Sri R.K.S.Chauhan, learned counsel for the applicant, Sri Anand Tiwaru, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. for the State.
This is the fourth bail application. The third bail application was rejected on6.4.2018 by Hon.Vijay Lakshmi, J. (since retired) on merits.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that similarly situated co-accused namely Mohd. Sagir, Nand Kishore Tiwari @ Guddu and Saleem vide orders dated 28.7.2016, 14.2.2017 and 10.4.2018 passed in Criminal Misc. Bail Application Nos.1182 of 2016, 29983 of 2016 and 3086 of 2018, a copy of said orders has been annexed as annexure-3 to the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.6.2014. It has been pointed out that the applicant has criminal history of four cases which has been explained in para 5 of the affidavit accompanying this bail application.
Learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and submitted that the bail application of the co-accused namely Majid Husain has been rejected by another Bench of this Court vide order dated 6.4.2018 passed in Criminal Misc. Bail Application No.1609 of 2018 Without expressing any opinion on the merits of the case and keeping in view the nature of submissions advanced and also considering the period of detention, let the applicant- Majid Husain involved in Case Crime No. 202 of 2014, under Section 3/4 Prevention of Public Property &Damages Act, Police Station- Maharajpur, District Kanpur Nagar be enlarged on bail on his executing a personal bond and furnishing two sureties (Rs. One Lac each) (One should be of a family member) to the satisfaction of the court concerned subject to the following condition:-
(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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 28.11.2018 IA