Allahabad High Court
Yunus vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30931 of 2019
Applicant :- Yunus
Opposite Party :- State Of U.P.
Counsel for Applicant :- Baijant Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Baijant Kumar Mishra, learned counsel for the applicant, Sri Sheetal Prasad Chakravorty, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ? Yunus with a prayer to enlarge him on bail in Case Crime No.514 of 2018, under Sections 363, 366, 323, 504, 506 I.P.C., Police Station Kotwali Hata, District Kushinagar.
It is argued by learned counsel for the applicant that the applicant is the brother of co-accused Ashiq. It is next argued that as per allegation in the FIR the grand daughter of the informant aged about 15 years had come to the informant's place two months ago and on 02.10.2018 at about 9 a.m. after telling to the informant she had gone to Nehru Inter College to attend Gandhi Jayanti function, but she did not return. After search being made for her they came to know from the villagers that co-accused Ashiq s/o Sakhawat had enticed away the victim having some bad intention and when the informant went to the place of Ashiq to complain about the same, the family members, i.e. mother, brother Kayar and applicant started using abusive languages and they asked her to go away from there. The victim has been safely recovered and her statement under Section 164 Cr.P.C. has been recorded in which she has stated that she has married the co-accused Ashiq, but nothing negative has been stated against the applicant. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 17.06.2019. Accordingly, he requests for bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
Order Date :- 1.8.2019
Anand Sri./-
