Court grants bail to applicant in a criminal case involving offences under IPC and SC/ST Act, subject to standard conditions. The court directs the trial court to decide the case expeditiously.
Release of applicant on personal bond and two sureties with standard conditions to appear in court and not interfere with witnesses.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19920 of 2018
Applicant :- Jullu @ Julfekar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh,Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 85 of 2014 under Sections 395, 376(D), 412, 120B IPc and 3(2) 5 SC/ST Act PS Hafizpur District Hapur.
Contention of the learned counsel for the applicant is that the applicant was not named in the FIR, however in the statement of coaccused the name of the applicant has cropped up and he has been implicated. There is no recovery from the applicant. As far as criminal history of the applicant is concerned, the same has been explained in para 2 of the supplementary affidavit dated 5.5.2019 which is as under:
1. Case Crime No.16/2010 under Section 396, 412 IPC Police Station Hafizpura District Hapur in which the applicant was released on bail by the court below.
2. Case Crime No.92/2014 under Section 25/4 Arms Act Police Station Hafizpura District Hapur in which the applicant was released on bail by the court below.
3. Case Crime No.34/2010 under Section 395, 412 IPC Police Station Dhaulana District Hapur in which the applicant was released on bail by the court below.
4. Case Crime No.147/2014 under Section 394, 376D, 412 IPC Police Station Dhaulana District Hapur in which the applicant was released on bail by the court below.
5. Case Crime No.54/2010 under Section 395, 376, 412 IPC and 3(2) 5 SC/ST Act Police Station Pilkhuwa District Hapur in which the applicant was released on bail by the court below.
6. Case Crime No.137/2010 under Section 399, 402, 307 IPC Police Station Hapur Nagar District Hapur in which the applicant was released on bail by the court below.
Further contention is that applicant is in jail since 7.8.2014 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a
case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Jullu @ Julfekar involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 8.5.2019 SP
2 issues framed by the court
Whether the applicant is entitled to bail under the principles of law.
Whether the trial court must decide the case expeditiously under Section 309 Cr.P.C.
Colour shows how this judgement treated each authority
Vinod Kumar v. State of PunjabReferred¶25
Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 · Who else cites this
Hussain and Another v. Union of IndiaReferred¶25
Hussain and Another v. Union of India; 2017 (5) SCC 702 · Who else cites this
1 provisions across 1 enactments
Jullu @ Julfekar
State Of U.P.
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
