Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12751 of 2021 Applicant :- Vaseem Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Mahadeo Singh Chandel,Rajiv Dwivedi Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record. Mr Jitendra Prasad Mishra, learned counsel for the informant is present.
The applicant seeks bail in Case Crime No. 973 of 2020, under Sections 147, 354, 323, 504, 506 I.P.C. and Section 3(2) (Va) of SC/ST Act and Section 7/8 of POCSO Act, P.S. Kotwali Nagar, District Banda.
As per prosecution story, on 11.12.2020 at about 9 p.m. applicant and his other family members are alleged to have committed marpeet with the informant and his minor son as a result of which they sustained serious injuries. It is further alleged that the reason behind the incident was that the informant is said to have made complaint of applicant regarding molestation of her minor daughter (aged about 17 years) by the applicant and also pressurizing her to solemnize marriage with him.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that on account of objection by the applicant and his family members regarding flow of drain water, present false FIR has been lodged implicating the applicant and his other family members. It is further submitted that the date of birth of the victim as per her high school mark- sheet is 6.4.2003 and therefore she is aged about 17 years 8 months and 11 days. The injuries sustained by the injured are simple in nature. The applicant is having no criminal history. It is further submitted that co accused Shahid and Deen Dayal have already been granted bail by courts below vide order dated 11.1.2021, which is annexed as Annexure No. 5 to the bail application. The applicant is in jail since 17.12.2020.
Per contra, learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary. He submits that the investigation is now complete and the charge sheet has been filed.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.
Let the applicant- Vaseem Khan, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(ii) 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 IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant 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 him in accordance with law.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 27.7.2021/RavindraKSingh