Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19794 of 2019 Applicant :- Mohd. Afsad Alam @ Afsar @ Awsar Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Counter and Supplementary affidavits filed today are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No.888 of 2018 under Sections 363, 366 & 376 IPC and 3/4 POCSO Act, Police Station- Katghar, District- Moradabad with the prayer to enlarge him on bail.
It is contended that the allegations in the First Information Report that the applicant had enticed away the daughter of the first informant, are false, inasmuch as, she had married with the applicant out of her own sweet will. The applicant has been falsely implicated. When they both reached at Moradabad, on the assurance given by the first informant that he would not interference in their married life, the girl was forciably taken away by the Police when they reached at the Moradabad bus stand.
Learned A.G.A., however, opposed the prayer for bail.
Looking to the allegations in the first information report and giving due consideration to the statement of the girl, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail.
Let applicant- Mohd. Afsad Alam @ Afsar @ Awsar Ali s/o Mohammad Hakim be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) 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;
(iii) 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;
(iv) 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; and
(v) 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 :- 27.11.2019 P Kesari