Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43142 of 2021 Applicant :- Rifakat @ Rafakat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant Case Crime No. 582 of 2015 (Session Trial No. 1465 of 2016) under Sections 452, 354, 323, 324, 506, 308 IPC and Section 7/8 of the POCSO Act, Police Station - Katghar, District - Moradabad with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged on 05.09.2015 and it was alleged in the report by complainant Mohd. Nabi that as many as six accused persons including the present applicant Rifakat @ Rafakat committed the offence under aforesaid sections of the IPC. It was alleged that the accused persons had beaten the complainant side with lathi-danda and talwar (sword) after entering the house of the complainant.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the present accused applicant deserves bail on the ground of parity with co-accused persons, who have already been granted bail and their bail orders are on page 72 onward to the paper book of this bail application. It is further submitted that the role assigned to the present accused is similar to the role assigned to other co- accused, who have already been granted bail by this Court. It is also submitted that there are general allegations made against all the accused persons and there is a cross version also of this FIR. Lastly, it is argued that the applicant is in jail since 1.9.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the applicant has bail parity with co-accused who have already been released on bail and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Rifakat @ Rafakat involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 27.10.2021 LBY