Vishal v. State of U.P. 3 Others

Court No. -46 Case :-CRIMINAL MISC. BAIL APPLICATION No. -26449 of 2023 Applicant :-Vishal Opposite Party :-State Of U.P. 3 Others Counsel for Applicant :-Zafar Abbas,Sarve Nazir Counsel for Opposite Party :-G.A. Hon'ble Ashwani Kumar Mishra,J. The second bail application has been filed by the applicant Vishal seeking enlargement on bail in Case Crime No. 64 of 2022, under Sections 452, 376, 511, 504, 506 I.P.C. and Section 7/8 POCSO Act, Police Station -Pakbada, District -Moradabad. Accused applicant has filed the second bail application after rejection of his earlier bail application on 30.11.2022. A direction was issued to expedite the trial and conclude it within six months. Counsel for the applicant states that though the trial was directed to be expedited but only one witness has been produced during trial even after expiry of more than a year. It is stated that there are about 16 witnesses and the trial is not likely to conclude shortly. It is further argued that the applicant has no criminal history and is in jail since 31.3.2022 and there is no possibility of his escape. The applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. Though, learned AGA has opposed the bail application but the facts stated on behalf of the applicant have not been shown to be incorrect. Having considered the respective submissions advanced; perused the materials placed on record; considering the fact that the trial was directed to be expedited and only one witness has been produced during trial even after expiry of more than a year as also the fact that the applicant has no previous criminal history and the trial is not likely to conclude shortly, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial. Let the applicant -Vishal involved in aforesaid case crime be released on bail on his 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 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.

(iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(v) 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.

(vi) The applicant shall remain present, in person, before the trial court on the 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 sufÏcient 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. 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. Accordingly, the present bail application is allowed. Order Date :- 23.11.2023 Ranjeet Sahu High Court of Judicature at Allahabad