Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52140 of 2019 Applicant :- Rizwana And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Rai,Anjani Kumar Rai,Sri. Mangala Prasad Rai, Sr. Adv Counsel for Opposite Party :- G.A.,Irshad Ahmad
Hon'ble Yashwant Varma,J.
Heard Mr Ashok Kumar Rai, learned counsel for the applicants, Sri Irshad Ahmad, who has entered appearance on behalf of the informant as well as Sri Nafees Ahmad, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 385 of 2019, under Sections 147, 148, 452, 323, 302, 325 I.P.C., Police Station Kotwali, District- Fatehpur with the prayer to enlarge them on bail.
In the instant Bail Application, the bail is sought on the ground of parity and the attention of the Court is invited to the orders passed on Criminal Misc. Bail Application No. 48174 of 2019 (Razia Ashkar Vs. State of U.P.) and Criminal Misc. Bail Application No. 50195 of 2019 (Nazia Ashkar Vs. State of U.P.). Learned counsels appearing for the opposite parties do not dispute that the role assigned to the applicants is similar and that the orders passed in the aforementioned applications would consequently govern. The applicants are otherwise stated to have no criminal history.
Learned AGA has opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant Nos. 2 and 3 are entitled to be released on bail.
Let the applicants namely, Rizwana, Nishat Ashkar and Rozi Ashkar, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants shall file an undertaking to the effect that they 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.
(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicants 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 applicants 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 them in accordance with law.
Order Date :- 26.11.2019 Arun K. Singh (Yashwant Varma, J.)