, the Court granted bail to the applicant Murad involved in a kidnapping and abduction case. The applicant was directed to furnish a personal bond with two sureties and adhere to conditions of cooperating with the trial and not tampering with evidence.
The applicant Murad was released on bail on furnishing a personal bond with two sureties each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24908 of 2018
Applicant :- Murad Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Misra,Gopal Misra Counsel for Opposite Party :- G.A.,S.K. Singh,Sudhanshu Kumar Singh
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard Sri S.K.Mishra, learned counsel for the applicant, Sri S.K.Singh, learned counsel for the complaintant and Sri Sanjay Singh, learned AGA appearing for the State.
According to the prosecution version the complainant lodged FIR against the applicant alleging that his sister has been kidnapped by co-accused Shamshad.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR and the main role is assigned to the co-accused Sahmshad. The victim has been recovered. The victim had gone out of her own volition in the company of co-accused Shamshad and she was a consenting party.The victim has not levelled any kind of sexual assault upon her by the applicant. Co-accused Sabr Khan has already been released on bail on 6.9.2018 by this Court, copy of bail order has been annexed as annexure -1 to the rejoinder affidavit, hence the applicant is also entitled to be released on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.3.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned AGA have vehemently opposed the prayer for bail.
Considering the nature of accusation and the severity of
punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 , the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Murad involved in Case Crime No283 of 2018, under Sections 363, 366, 370-A, I.P.C. , P.S. North (Uttar), DistrictFirozabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
The trial court is directed to expedite and conclude the trial of the applicant in the present case as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of the order,, if there is no legal impediment.
Order Date :- 12.10.2018 IA
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a kidnapping and abduction case pending before the trial court.
Whether the bail prayer should be considered at the stage of bail proceedings without expressing opinion on the merits of the case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Murad
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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