Allahabad High Court
Hasnain vs State Of U.P. on 28 April, 2016
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5695 of 2016
Applicant :- Hasnain
Opposite Party :- State Of U.P.
Counsel for Applicant :- Maya Pati Pandey,Ratnesh Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 209 of 2015, under Sections 377, 328 I.P.C. and Section 67 (A), I.T. Act P.S. Didauli, District J.P. Nagar.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that the alleged victim is Subhash who is aged about 22 years. It is next contended that the said witness Subhash was examined before the trial court itself wherein he has been declared as hostile and he has not supported the case of the prosecution as set up in the FIR (Annexure no. 5). Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.5.15 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned AGA has opposed the bail application of the applicant and submitted that the investigation is now complete and charge sheet has already been submitted. No investigation is now left.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Hasnain involved in the aforesaid case 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.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case, the witnesses are not appearing before the court concerned, liberty is being given to the concerned court to take necessary coercive measures in accordance with law for ensuring the presence of the witnesses.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 28.4.2016
Anand
