Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43368 of 2021 Applicant :- Saiyyad Amin Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Chandra Agrahari,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Saiyyad Amin, in Case Crime No. 01 of 2021, under Section- 370 I.P.C., Police Station- Anti Human Trafficking Unit, District- Kanpur Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 21.6.2021; he was of no criminal antecedent before involvement in the present case and one other connected case and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged against Muzammil, with contention that victim went Oman under her own volition for doing job of household worker and after being not amenable to circumstances of Oman and unaware of Arabic language failed to cope up with the situation; she contacted to embassy and returned; since the first information report, the request is of bringing back victim and victim returned home, thenafter her statement was of meeting, conversing and persuading for proceeding for Oman by Muzammil and his one other friend, under which assurance victim went to Oman; the accusation of human trafficking against applicant is not there; applicant is a worker of a travel agency, employed on salary basis and there was no fraud or any offence committed by applicant rather victim went to Oman, she was deputed to work as domestic aid and upon her complaint, she returned back, there was no human trafficking by applicant. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose above factual aspects.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Saiyyad Amin, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.10.2021 Kamarjahan