Court No. - 30
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39624 of 2021 Applicant :- Noman Raja Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiresh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
(Order on Criminal Misc. Exemption Application No. 01 of 2021) Exemption Application is allowed.
The applicant is exempted from filing the certified copy of the F.I.R. dated 26.06.2021.
(Order on Bail Application) Heard Sri Dhiresh Kumar, learned Counsel for the applicant, Sri S. B. Maurya, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.122 of 2021, under Section 370(5) I.P.C. and Juvenile Justice (Care and Protection of Children Act 2015) and Section 79 Child Labour (Prohibition and Regulation Act 1986) and Section 14(3)(d) (3,15 and 17) Epidemic Act, 1897, P.S. G.R.P., Prayagraj.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that co- accused Abdul Salam, Mohd Hashim, Samshul Haq, Musabbir, Sahid Alam, and Mohd. Shahid Alam having identical footing have been enlarged on bail by this Court vide order dated 9.9.2021, 23.9.2021, 30.9.2021, 8.11.2021 and 9.11.2021 passed in Criminal Misc. Bail Application Nos. 31830 of 2021, 31396 of 2021, 36852 of 2021, 40625 of 2021, 38447 of 2021, and 40496 of 2021, copies of which have been produced for perusal, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is not having any criminal history to his credit as stated in para 12 of the affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 26.06.2021.
I have perused the bail orders of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused persons, who have already been granted bail by this Court.
Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Noman Raja, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) 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.
(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 IPC.
(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., 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 IPC.
(iv) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 20.12.2021 Md Faisal