Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24036 of 2021 Applicant :- Noor Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.511 of 2020, under Section 363, 366 IPC, under Section 16/17 POCSO Act, & under Section 3(5) (i) U.P. Prohibition of Unlawful Religious Conversion Act, P.S. Shahabad, District Rampur.
Learned counsel for the applicant submits that applicant is not named in the FIR. Even in statement of the victim under section 161 Cr.P.C. name of the applicant has not been disclosed. In statement of the victim under Section 164 Cr.P.C. name of the applicant surfaced. Main role has been assigned to the co- accused Rafi. Role of the applicant, as per statement of the victim is that he also accompanied the co-accused in taking away the victim for performing marriage by conversion of religion. He further submits that co-accused Smt. Maleen having identical role has been enlarged on bail in Criminal Misc. Bail Application No.23155 of 2021 vide order dated 15.07.2021. Applicant has no criminal history. He also submits that 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 and applicant is languishing in jail since 20.02.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant and co-accused by conversing religion of the victim married her with co-accused Rafi and Rafi committed rape upon her. Applicant and other co-accused paid Rs. 10,000/- to the victim.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, role of the applicant, enlargement of co-accused on bail having identical role and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Noor Mohammad involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 23.9.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.09.27 09:53:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad