Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42790 of 2019 Applicant :- Maroof Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Mohd. Imran Khan, learned counsel for the applicant, Sri J.K. Upadhyay, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 214 of 2017, under Sections 366 and 376 of I.P.C registered at Police Station, Titavi, District Muzaffar Nagar.
As per prosecution case, on 21.5.2017, prosecutrix went missing for which a report was lodged on 25.5.2017. Ultimately, on 7.6.2017, prosecutrix was recovered from the custody of one Iqbal from Haryana and as per her medical report, she was above 16 years of age.
Learned counsel for the applicant submits that a very improbable story has been put-forth by the prosecution. Initially prosecturix has made allegation against Iqbal for taking her from railway station. He submits that in 161 Cr.P.C. statement, prosecutrix has not stated anything against the applicant but in 164 Cr.P.C. statement, she alleges that she was kept in different places. He further submits that after investigation, nothing was found against the applicant and the co-accused and that is why the final report was submitted but later in the trial of Iqbal, on an application filed under Section 319 Cr.P.C., the applicant has been summoned. It has been further argued that co- accused Nasir has already been granted bail by this Court vide order dated 11.9.2019 passed in Crl. Misc. Bail Application No. 34526 of 2019. Lastly, it has been argued that the applicant is in jail since 13.8.2019, trial is likely to take some time for its final disposal, therefore, he be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the nature of evidence available on record and further considering the fact that the similarly placed co-accused has already been granted bail by this Court, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Maroof, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 expeditiously after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 27.11.2019 AKK