Court No. - 50
Case :- CRIMINAL MISC. IInd BAIL APPLICATION No.
- 39783 of 2020 Applicant :- Mohammad Belal Opposite Party :- State of U.P.
Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
This is second bail application. The first bail application was rejected by this Court on 25.02.2019.
As a measure of fresh grounds, it has been urged that the applicant happens to be marginal witness. The other co-accused Maqsood Ahmad and Mohd. Saleem whose role was graver have already been admitted to bail by the coordinate Bench of this Court on 02.12.2020 and 07.01.2021 in criminal misc. bail application no.34248 of 2019 and 14042 of 2020, respectively. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 26.07.2018.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Mohammad Belal involved in Case Crime No. 572 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Soraon, District Allahabad be released on bail on his executing a personal bond and furnishing 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.
Order Date :- 27.7.2021 rkg