Allahabad High Court
Javed Iqbl Naviwala @ J.K. vs State Of U.P. on 16 September, 2019
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 4933 of 2018 Applicant :- Javed Iqbl Naviwala @ J.K. Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Sinha,Ravi Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Anant Kumar,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.6 of 2017, under Sections 420, 468, 120-B I.P.C. & Section 3/4/5/9 Official Screts Act, 1923, & Section 17/18 Unlawful Activities (Prevention) Act, police station A.T.S., U.P., Lucknow.
F.I.R. in this case was lodged by one Sub-Inspector of A.T.S., Central Zone, Lucknow to the effect that A.T.S. received an information that the terrorist organization operating through I.S.I. and through money laundering network were trying to destabilize unity and integrity of the Indian nation and for this purpose named accused Aftab Ali resident of Faizabad was actively involved with I.S.I. and he had obtained mobile Sims in the forged names and was passing messages to various secret nations pertaining to movement of army in sensitive areas, his mobiles phone was intercepted after obtaining due permission of law and it was found that in conspiracy with foreign agents and local associates he was sending information in respect of army etc. It is also stated that in the bank account of Aftab Ali some money was deposited in Vijaya Bank Branch, Faizabad.
It is stated by learned counsel for the applicant that the applicant is not named in the F.I.R. and during the course of investigation, statement of one Altaf Qureshi was recorded under Section 161 Cr.P.C. wherein it is stated that the present applicant had given a sum of Rs.15,000/- to the said Altaf Qureshi for depositing in a account. It was stated that the present applicant has given a sum of Rs.15,000/- and had given the account number and had requested to deposit the said amount in the said account except this no evidence is there against the applicant.
Opposing the prayer for bail, learned A.G.A. has informed the Court that during the course of investigation phone calls of the said Aftab Ali, who is named accused was intercepted and due to interception it was gathered that he was talking to some foreign number by coded messages and even in his account also amounts were deposited. It is collected in evidence that time and again the said Aftab Ali had visited Pakistan and was in contact with the present applicant allegedly working for I.S.I. but so far as, the present applicant is concerned during the investigation a solitary activities has been noted and present applicant had given certain amount to Altaf Qureshi for depositing the amount in Vijaya Bank, Mumbai, except this there is no link evidence is there. The applicant is languishing in jail since 4.5.2017. The trial is in progress.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Javed Iqbl Naviwala @ J.K.) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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) It is made clear that the applicant shall furnish local security to the satisfaction of Magistrate concerned and he will visit in the police station of A.T.S., Lucknow in the first week of every month and shall record his presence.
Order Date :- 16.9.2019 sks