Allahabad High Court
Hasan Faraz vs State Of U.P. And 3 Others on 17 May, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:108068
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8685 of 2023
Applicant :- Hasan Faraz
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Suresh Dhar Dwivedi,Satyendra Narayan Singh,Shabana Nizam
Counsel for Opposite Party :- G.A.,Abida Syed,Ritesh Singh,Suresh Singh
Hon'ble Saurabh Shyam Shamshery,J.
Supplementary affidavit filed today is taken on record.
Applicant -- Hasan Faraz has approached this Court for bail in Case Crime No. 563 of 2022 under Sections 363, 366, 376, 342, 506 I.P.C. and Section 3/4 of POCSO Act, Police Station- Kotwali, District- Shahjahanpur.
Sri Suresh Dhar Dwivedi, learned counsel for applicant submits that during trial PW-1 (informant/mother of victim) and PW-2 (informant) have not supported the case of prosecution even in examination-in-chief and therefore, both of them have turned hostile and for which he has placed relevant papers on record; he further submits that nothing has been adversely brought on record during their cross examination by prosecution and on the basis of such evidence, the prosecution may not able to prove the case beyond reasonable doubt; therefore, applicant may be released on bail.
Sri Sunil Srivastava, learned A.G.A. for State, Sri Ritesh Singh, learned counsel for informant and Ms. Abida Syed, learned counsel for victim have not able to refute above referred factual aspect of the case as well as nature of evidence before Trial Court.
In the present case, as referred above, during trial, PW-1 and PW-2 have not supported the case of prosecution and have turned hostile, therefore, considering submissions of learned counsel for applicant that on the basis of such evidence, it may be a case where prosecution may not able to prove the case beyond reasonable doubt, the applicant who is in jail since 24.10.2022 has made out a case for bail.
However, Trial Court, while passing judgment, will take note of judgments passed by Supreme Court in cases of Hemudan Nanbha Gadhvi vs. State of Gujarat, (2019) 17 SCC 523 and Mahila Vinod Kumari Vs. State of Madhya Pradesh, (2008) 8 SCC 34 as well as initiate proceedings against witnesses and victim under Section 344 Cr.P.C. at appropriate stage, as well as that any monetary benefit, given to victim, shall be recovered from her in accordance with law.
Let the applicant- Hasan Faraz be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., 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 I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
A copy of this order be sent to Trial Court for compliance.
Order Date :- 17.5.2023
Nirmal Sinha
