Allahabad High Court
Kabir Khan vs State Of U.P. on 18 May, 2017
Bench: Anil Kumar Srivastava-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- BAIL No. - 3984 of 2017
Applicant :- Kabir Khan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Wasim Ahmad
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Anil Kumar Srivastava-II,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No. 117 of 2017 under sections 489-A,489-B, 489-C IPC, Police Station Maholi, District Sitapur.
Learned counsel for the applicant submits that accused applicant was neither arrested at the spot nor any recovery was made from the possession of the accused applicant. It is further submitted that the name of the accused applicant came into light on the basis of statement of co-accused. Co-accused has been shown as absconded from the scene of occurrence. It is further submitted that the accused applicant has been falsely implicated in the present case. The accused applicant is languishing in jail since 27.2.2017. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses . In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA opposed the prayer for bail, but did not dispute the factual submissions made by the learned counsel for the applicant.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Kabir Khan be released on bail in Case Crime No.117 of 2017 under sections 489-A,489-B, 489-C IPC, Police Station Maholi, District Sitapur with the following conditions:
1. The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
2. The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
3. The applicant shall cooperate with investigation /trial.
4. 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.
5. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
6. In case, the applicant misuse the liberty of bail during trial 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.
7. The applicant shall remain present, 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.
Order Date :- 18.5.2017
GSY
