Heard Sri V.M. Zaidi, learned Senior Advocate, assisted by Sri Paras Nath Singh, learned counsel for the applicant, Sri Pankaj Mishra, learned brief holder for the State and perused the material on record.
Learned counsel for the applicant is directed to file the rejoinder affidavit in the office by tomorrow. If any such rejoinder affidavit is filed, the office shall restore the same and place it on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Nazre Alam @ Abu Bakar seeking enlargement on bail during trial in connection with Case Crime No. 301 of 2018, under Sections 366/376/506 IPC, registered at P.S. Bans Gaon, District Gorakhpur.
Learned counsel for the applicant argued that applicant has been falsely implicated in the present case. It is further argued that victim/prosecutrix is a married lady and having a child. She on her own free will sat in the vehicle of applicant and travelled 10-11 days and stayed with him without any resistance whatsoever. It is argued that the victim was a consenting party with the applicant and as per her own showing in the statement recorded under section 164 Cr.P.C., the copy of which has been annexed as annexure no. 8 to the affidavit she states that the applicant was previously known to her as being of the same village. It is further argued that while being together with the applicant for 10-11 days the victim did not make any resistance whatsoever regarding being illegally detained by the applicant. It is argued that applicant having no criminal history as stated in para no. 28 and he is in jail since 25.10.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments as raised by the learned counsel for the applicant.
Looking to the facts and circumstances of the case, I am inclined to release the applicant on bail.
Let the applicant Nazre Alam @ Abu Bakar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 7.1.2021 Vikram