Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42750 of 2019 Applicant :- Rahees Opposite Party :- State of U.P.
Counsel for Applicant :- Rameshwar Prasad Mishra 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 material on record.
This is the second bail application of the applicant. The first bail application of the applicant was dismissed as withdrawn on 22.05.2019.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.2307 of 2018, under Section 363 I.P.C., Police Station Sahibabad, District Ghaziabad.
According to F.I.R. version on 30.07.2018 at about 6:00 a.m. when informant Tayub Kurasi was going somewhere for any work, he saw that applicant, co-accused Junaid @ Rafeeq and Naveen Salmani were carrying his daughter aged about 13 years forcefully seating her in a car. He made alarm but accused persons ran away.
Learned counsel for the applicant submits that co-accused Naveen Salmani has been acquitted on 18.05.2019 by the court concerned. Co-accused Junaid is absconding and victim has also not been recovered till today. He further submits that the statements of P.W.1 Tayub Quresi and P.W.2 Chand were recorded but they have not supported the prosecution case. It is further submitted that in his statement informant Tayub Quresi has stated before the court that his sister had come to call him stating that applicant Rahees and Junaid @ Rafeeq were taking his daughter on foot but in his cross-examination he has stated that from the crowd someone had told him that Junaid @ Rafeeq and Rahees abducted his daughter. The applicant has not committed the alleged offence. It appears that the victim is a consenting party. He has been falsely implicated in the present case. 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 there is no previous criminal history of the applicant and is languishing in jail since 02.08.2018.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that the applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rahees 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.
Order Date :- 26.11.2019/Jitendra