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Suhail vs State Of U.P. on 21 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Chief Justice’s Court

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 15631 of 2019

Applicant :- Suhail

Opposite Party :- State of U.P.

Counsel for Applicant :- Ved Mani Sharma

Counsel for Opposite Party :- G.A.

Hon’ble Govind Mathur,Chief Justice

The applicant is facing trial for commission of an offence punishable under Section 377 Indian Penal Code and under Section 3/4 of the Protection of Children from Sexual Offences Act, 2012. The applicant is behind the bars since 25th May, 2018. A police report as per Section 173 Code of Criminal Procedure, 1973 has already been filed before the competent Court long back. The applicant is not at all required for the purpose of further investigation.

Having considered all facts of the case, without making any observation on merits, I am inclined to grant this application. Accordingly, the same is allowed.

Let the applicant Suhail son of Furqan @ Gufran Raza involved in Case Crime No. 200 of 2018, under Section 377 Indian Penal Code and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Qilla, District Bareilly 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 with the following conditions which are being imposed in the interest of justice:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 of the Indian Penal Code.

(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. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(vii) 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.

(viii) If under the orders of the Government any interim bail is granted to the applicant, then this order shall come into force only after completion of the period of the interim release aforesaid.

Order Date :- 21.4.2020

VMA

(Govind Mathur, C.J.)

 

 

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