Rashid Ali @ Rashid v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50245 of 2023 Applicant :- Rashid Ali @ Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Tiwari,Mohammad Abid Ali Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶3The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.270 of 2023 under Section 370 IPC Police Station C.B. Ganj District Bareilly.

¶4Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The victim is a major girl and she was married to one Tauheed, however, after five or six months of the marriage she was divorced by the aforesaid Tauheed. She was taken to C.B. Ganj, Bareilly on 18.09.2023 by one Jamil and Kiran for the purpose of getting her married to one Sanju @ Goonga. No allegation of sexual harassment has been made against the present applicant. It is further submitted that the victim in her statements recorded under Sections 161 and 164 Cr.PC stated that she remained with the aforesaid Sanju @ Goonga for 4-5 days, however, she did not like Sanju @ Goonga, therefore she called the police so that she may go to her house. It is further submitted that the applicant is in no way concerned with the aforesaid crime. The applicant has no criminal history apart from the instant case . The applicant is languishing in jail since 26.09.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶5On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶6Considering the facts and circumstances of the case and taking into account that the victim herself stated that she remained with Sanju @ Goonga for 4-5 days, no allegation is made against the present applicant except that he was sitting in the car in which she was brought to the accused Sanju, no medical report is annexed with the bail application and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶7The bail application is allowed.

¶8Let applicant-Rashid Ali @ Rashid be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 23.11.2023 Nadeem High Court of Judicature at Allahabad