Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22692 of 2019 Applicant :- Omkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Fakharul Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.I. Jafri, learned counsel for the applicant and Sri Prabhash Pandey, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is class-IV employee in the P.W.D. department in Meerut. He is also General Secretary in the U.P. Lok Nirman Vibhag Nemat Varg Charge Karamchari Sangh, District Meerut. The allegation levelled against the applicant is false and baseless. The applicant had no concern at all either with the selection of constable which was going on at police line on 16.4.2019 or with the alleged medical officers. He had neither made any call to the complainant from his mobile number nor had demanded money from him. When the applicant was sitting at a tea stall some unknown persons were also sitting there out of which one person requested him for making a call from his mobile as it is stated by him that he has no balance left in his mobile and he has to make urgent call. It was just a bonafide mistake on the part of the applicant that he accepted the request of the said person and permitted him to make a call from his mobile. The applicant had no knowledge at all to whom he made the call and after half an hour of call made by the unknown person, the police came there and apprehended him. The applicant has no other reported criminal antecedent. The applicant is in jail since 17.4.2019.
Learned A.G.A. opposed the prayer for bail..
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 tampering 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 Omkar involved in Case Crime No. 165 of 2019 under section 7/12 Prevention of Corruption Act, police station Civil Lines, District Meerut be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (Out of which one should be of his family member) 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.5.2019 Shiraz