Supplementary counter affidavit has been filed, today which is taken on record.
Applicant-Syed Mohd. Aslam seeks bail in Case Crime No. 1271 of 2009 under Sections 323,342,506,307,419,420,467,468,471,472,473 IPC, & Section 3(1) U.P. Gangster Act & Anti Social Activities (Prevention) Act, 1986 Police Station Tewaripur, District Gorakhpur.
Heard learned counsel for the applicant and Sri Shams Vikas learned counsel appearing on behalf of the informant as well as learned A.G.A. and also perused the material placed on record.
It is contended on behalf of the applicant that the applicant is a government servant and is holding the post of Inspector in Minority Welfare Department. The injuries sustained by the informant is simple in nature. He further contends that informant Firdaus Jahan is not the wife of the applicant but she was working as a Principal in the institution in which the applicant is a Manager but on account of her bad conduct she was removed by the applicant and on account of that she became annoyed and lodged the present FIR in connivance of the police concerned after getting a forged recovery memo prepared. He further contends that admittedly, the informant is the wife of one Wazid Ali with whom there is no divorce. The declaratory suit filed by Wazid Ali for declaration of divorce before the Principal Judge, Family Court, Gorakhpur is still pending. He further contended that nothing incriminating article has been recovered from the possession of the applicant but the articles alleged to be recovered from the possession of the applicant and co-accused Karimullah Ansari is planted one as is evident from the perusal of the recovery memo and even if such recovery is accepted, the alleged recovered forged and fictitious documents have not been used anywhere. He next argued that three criminal cases are pending against him, which are noted below;
1. Case crime No.1014 of 2008, charge sheet has been submitted and bail has been granted by the learned sessions Judge.
2. Case crime no.2380 of 2008 applicant has been exonerated during the course of investigation.
3. Case crime no.304 of 1995 criminal proceedings before the trial court has been stayed by this Court.
He also contended that the applicant is in jail since 5.10.2009 and the trial has not commenced and is likely to consume some more time to conclude, thus he deserves to be released on bail, at this stage.
However, learned A.G.A. as well as learned counsel for the informant opposed this bail application and contended that the applicant being Inspector in Waqf department had misappropriated the money of the waqf and consequently he had been suspended from the service and an FIR was lodged against him under Section 409 IPC though he has been released on bail. It is further contended that a huge number of forged documents and testimonials were recovered from the possession of the applicant and his colleague Karimullah Ansari. It was next argued that the prosecution is apprehensive of the fact that in case the applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process.
Without expressing any opinion on the merits of the case, let the applicant- Syed Mohd. Aslam involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and executing an undertaking in the following terms that:
1. The applicant will not indulge in any such activity in future.
2. The applicant will not pressurize/intimidate the prosecution witnesses and tamper evidence during trial.
3. The applicant will appear before the trial court on the date fixed.
In case of breach of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.2.2010 Mt/