Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17798 of 2018 Applicant :- Sameer @ Maqsood Opposite Party :- State of U.P.
Counsel for Applicant :- Kapil Tyagi,Mohammad Shahrum Khan,Rajesh Dwivedi,Samarth Sinha,Santosh Kumar Tiwari,Shashikant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed by the State. Taken on record.
2. Heard Sri Rajesh Dwivedi, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Sameer @ Maqsood a prayer to release him on bail in Case Crime No. - 110 of 2018, under Sections - 376, 420, 506 and 120B I.P.C. and Section 4/5/6 of Immoral Traffic (Prevention) Act, 1956, Police Station - Sector-39, District - Gautam Buddh Nagar, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of immoral trafficking and other offences, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 05.02.2018, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, for purpose of grant of bail, it has been submitted, the applicant has been falsely implicated. According to learned counsel for the applicant, there is no allegation of rape against the applicant and main allegation is against Monika and Omkar. Merely, because the applicant's vehicle had been found to be involved in some transaction, the applicant has been falsely implicated. Hence, the applicant is entitled to bail.
5. The bail application has been vehemently opposed by learned A.G.A., who would submit that at present there are specific allegations made against the applicant being involved in the offence of immoral trafficking as also that allegation is supported by the victim in her statement recorded under Section 161 Cr.P.C.
6. Having heard learned counsel for the parties and having perused the record, it appears, at present specific material exists against the applicant and the other accused persons with respect to immoral trafficking. In view of such fact, the bail application is rejected at this stage.
7. However, the liberty of the applicant may not be kept hanging in lurch for an indefinite period of time. Accordingly, it is expected that the trial court may make all efforts to conclude the trial as expeditiously as possible, keeping in mind the principle contained in Section 309 Cr.P.C., such that the trial may be concluded preferably within a period of six months from today without allowing any undue or long adjournment.
Order Date :- 17.12.2019 Saif