Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14383 of 2016 Applicant :- Mulla Alias Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Imran Mabood Khan,Prem Chandra Dwivedi,Syed Ahmed Faizan,Syed Farman Ahmad Naqvi Counsel for Opposite Party :- G.A.,Kiran Tiwari,Mahesh Chandra Tiwari
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Sri Rajesh Kumar Srivastava, learned counsel for the applicant is permitted to make necessary amendment in the memo of bail application.
Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant and Sri I.P. Srivastava, learned A.G.A. appearing for the State and perused the record.
Ms Kiran Tiwari and Sri Mahesh Chandra Tiwari, learned counsel for the complainant are not present though the matter is called in the revised list.
It has been contended by the learned counsel for the applicant that the applicant is the uncle of the victim girl and there is some property dispute between the parties. Though the incident took place on 6.10.2015 the medical examination of the victim was conducted on 13.10.2015 and the injury was found to be fresh one which shows that the injuries have been caused in some other manner and FIR has been lodged under Section 452, 376, 323 IPC and Section 3/4 POCSO Act to harrass the applicant. It has been next submitted that initially the FIR was registered under Section 452, 376, 511 IPC and 7/8 POCSO Act and the case was though converted under Section 452 376, 323 and Section 3/4 POCSO Act, therefore the Second Bail Application No.190/2016 was also moved on behalf of the applicant before the court below and was rejected by the court concerned on 20.6.2016, certified copy of which is annexed as Annexure-SA-2 to the supplementary affidavit. In view of the same it is prayed by learned counsel for the applicant to amend the prayer of the bail application. The applicant has no other reported criminal antecedent. The applicant is in jail since 10.4.2016.
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.
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 Mulla alias Nasir involved in Case Crime No.882/2015 under Sections- 452, 376, 323 IPC and Section 3/4 POCSO Act, Police Station Tajganj, District Agra 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 :- 23.2.2018 Deepika