Mohammad Laik v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13060 of 2024 Applicant :- Mohammad Laik Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vinay Kumar Tripathi,Prachi,Vishnu Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1.Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Ravi Srivastava, learned Additional Government Advocate for the State.

¶2As per learned counsel for the applicant, the present applicant (Mohammad Laik) is languishing in jail since 14.10.2024 in Case Crime No.402 of 2024, under Sections 376, 506 & 452 I.P.C., Police Station-Mahmoodabad, District-Sitapur.

¶3Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

¶4Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 29.06.2024 whereas the impugned F.I.R. has been lodged on 21.09.2024 after the delay of about three months without explaining such delay. The said F.I.R. has been lodged pursuant to the application being filed under Section 175

(3) of B.N.S.S. on 11.07.2024, therefore, such application has been filed after a substantial delay without explaining the reason of delay.

¶5Learned counsel for the applicant has stated that the allegation has been levelled against four accused persons including the present applicant but against three accused persons final report has been filed and the charge-sheet has been filed only against the present applicant. There is no criminal history of any kind whatsoever against the present applicant. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

¶6On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant.

¶7Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the impugned F.I.R. has been lodged after the delay of about three months pursuant to the application filed under Section 175 (3) B.N.S.S. without explaining such delay; the charge-sheet has been filed in this case; the applicant is having no prior criminal history and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/ trial proceedings and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

¶8Accordingly, the instant bail application is allowed.

¶9Let the applicant (Mohammad Laik) be released on bail in the aforesaid case crime number 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:-

(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 IPC/269 of the B.N.S., 2023.

(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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023.

(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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 18.12.2024 Suresh/ High Court of Judicature at Allahabad, Lucknow Bench