Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45554 of 2018 Applicant :- Mobin Alias Momeen Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Kumar, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that earlier an F.I.R. has been lodged against the applicant for the offence under sections 395, 411 I.P.C. which was challenged by him before this Court in Crl. Misc. Writ Petition No. 26594 of 2018 in which his arrest was stayed by this Court vide order dated 24.9.2018 and when he gave the said order to the complainant some dispute arose between them on account of which he lodged the present case against the applicant and arrested him with an allegation that he offered bribe of Rs. four lacs to the complainant asking not to arrest him in aforesaid case. He submits that it is highly improbable and beyond imagination that a person, who is having order of stay of arrest in his favour by this Court, may offer bribe for not arresting him. The applicant has no criminal history. The applicant is in jail since 28.9.2018.
Learned A.G.A. 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 tempering 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 Mobin @ Momeen involved in Case Crime No. 334 of 2018 under sections 8 The Prevention of Corruption Act, 1988, police station Rajpura, District Bheem Nagar 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.11.2018 Shiraz