Zafar Usmani v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43417 of 2023 Applicant :- Zafar Usmani Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1Heard Ms. Shivangi Singh, Advocate holding brief of Sri Mohd. Afzal, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶2This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Zafar Usmani, seeking enlargement on bail during trial in connection with Case Crime No. 327 of 2023, under Sections 376, 406, 506 I.P.C., Police Station Shahganj, District Agra.

¶3The first information report of the present matter was lodged on 25.07.2023 by the victim herself against the applicant and 05 other persons alleging therein that her husband died on 07.02.2012 and she was living in her matrimonial house with her children. The applicant by concealing his religion made friendship with her. He by actions showed himself to be of a different religion. She believing him became acquainted with him. He came to know of her finances and there were financial transactions between them. In the meantime, he established physical relationship with her. He tortured her mentally & physically.

¶4Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major woman who is a widow having children. It is argued that the relationship was a consensual relationship. It was subsequently after some misunderstanding that the present first information report has been lodged. It is argued that the applicant and the victim came in contact in the year 2017 and were in touch since then and no complaint whatsoever was made by the victim earlier. It was only subsequently in the year 2023 which is after about 06 years the present first information report has been lodged. The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 26.07.2023.

¶5Per contra, learned counsel for the State opposed the prayer for bail.

¶6After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a widow having two children. There were some transactions between the parties with regard to business but due to some dispute between them the same could not take place, hence, the present first information report has been lodged.

¶7Looking to the facts and circumstances of this case, the nature of evidence 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.

¶8Let the applicant-Zafar Usmani, 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 will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) 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.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶9The 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.

¶10The bail application is allowed. Order Date :- 28.10.2023 AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad