Allahabad High Court
Mohd. Kasim vs State Of U.P. on 28 June, 2021
Equivalent citations: AIRONLINE 2021 ALL 1270
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10629 of 2021 Applicant :- Mohd. Kasim Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, 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. 287 of 2020, under Sections 328, 384, 376, 504, 506 IPC, Police Station Pheelkhana, District Kanpur Nagar with the prayer to enlarge him on bail.
Having heard the learned counsel for the applicant and the learned A.G.A. as well as having perused the affidavits exchanged, the Court notes that the investigation has concluded and a charge sheet has already been submitted. Statement of the alleged victim has already been recorded under Section 161 Cr.P.C and 164 Cr.P.C.. The Court further takes into consideration the submission that the applicant and the alleged victim had entered into a consensual relationship at a time when she was already married and a mother of two children. The Court also takes note of the conflicting stand as reflected from her statements recorded under Section 161 and 164 Cr.P.C. where at one stage she alleges that the relationship commenced in 2010 and at another place in 2013. The respondents in the counter affidavit have been unable to place on the record any material which may be read or viewed in support of the allegation that a video clip had been prepared. The applicant has remained in jail since 16 January 2021. Learned counsel for the applicant submits that in case the applicant is enlarged on bail he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Mohd. Kasim 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 not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
(vi) It shall be open to the State to move this Court for cancellation of the bail accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.
(vii) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented. Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the bail granted.
Order Date :- 28.6.2021 faraz