Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48358 of 2018 Applicant :- Mohd. Saddam Hussain Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudarshan Singh,Ajay Kumar Singh,Mashaluddin Shah Counsel for Opposite Party :- G.A.,Akhilesh Singh,Madhuker Kushwaha
Hon'ble Ramesh Sinha,J.
Heard Sri Mashaluddin Shah, learned counsel for the applicant, Sri A.R. Chaurasiya, learned A.G.A. for the State, Sri Madhuker Kushwaha, learned counsel for the complainant and perused the record.
It has been contended by the learned counsel for the applicant that co- accused Mohd. Arif has been granted bail by Co-ordinate Bench of this Court vide order dated 28.05.2019 in Criminal Misc. Bail Application No.35731 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 03.05.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail order of aforesaid co-accused has been produced by the learned counsel for the applicant. The same is taken on record.
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 Mohd. Saddam Hussain involved in Case Crime No.146 of 2018 under Sections 363, 366, 376 (A) IPC, Sections 3/4 POCSO Act and Sections 3(2)5 SC/ST, Police Station Jhunsi, District Allahabad 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.
Order Date :- 29.5.2019 Madhurima