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Faisar vs State Of U.P. on 23 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36314 of 2019

Applicant :- Faisar

Opposite Party :- State Of U.P.

Counsel for Applicant :- Irshad Ahmad

Counsel for Opposite Party :- G.A.,Adil Khan,Mohit Singh

Hon’ble Rahul Chaturvedi,J.

Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri Mohit Singh, learned counsel for the complainant, learned AGA for the State and perused the material on record.

By means of this application, the applicant who is involved in case crime no. 0179 of 2019, under Sections 307, Section323, Section376D, Section498A IPC and Section 3/4 D.P. Act, P.S. Asmauli, District Sambhal, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submits that the victim herself has lodged the FIR on 30.06.2019 for the incident to have taken place on 04.04.2019, under Sections 307, Section323, Section376D, Section498A IPC and Section 3/4 D.P. Act, against six persons including applicant, who is father in-law of the informant. In her statement recorded under Sectionsection 164 Cr.P.C. she has stated that the applicant, cousin father-in-law and her dewar had committed rape upon her and also committed mar-peet with her and demanded dowry. It is next submitted that co-accused Saleem has been enlarged on bail by coordinate Bench of this Court. The case of the applicant shall not be treated fictitious. Rather, it is distinguishable from the bail application of her husband Munsaw. He lastly submitted that the applicant is in jail since 01.07.2019, is entitled to be enlarged on bail during the pendency of trial.

Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.

Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.

In view of the above, let the applicant- Faisar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 0179 of 2019, under Sections 307, Section323, Section376D, Section498A IPC and Section 3/4 D.P. Act, P.S. Asmauli, District Sambhal, with the following conditions:-

(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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 THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A SectionIPC.

(iii) IN CASE, THE APPLICANT MISUSE 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 SectionIPC.

(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 APPLICANTS ARE 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 APPLICANTS.

However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

Order Date :- 23.10.2019

v.k.updh.

 

 

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