Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15481 of 2018 Applicant :- Niyaj Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Shadab Ali Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
'Vakalatnama' filed by Mr. Mithilesh Kumar Tiwari, learned Advocate on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record.
Learned counsel for the applicant has submitted that accused applicant has falsely been implicated in the present case. It is further submitted that the first information report has been lodged with a delay of 2 years, 1 months and 9 days without giving any plausible explanation. It is also submitted that there is no independent witness of the alleged incident. The accused applicant is languishing in jail since 26.12.2017. It is next submitted that the applicant has criminal history of five cases, which is mentioned in para-22 of the affidavit filed in support of this application. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the complainant 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, namely, Niyaj Ahmad involved in Case Crime No.1276 of 2017, under Sections 386, 504, 506 IPC, Police Station Dhoomanganj, District Allahabad be released on bail on his 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 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 :- 26.4.2018 Anupam S/-