Allowed

Mumtaz Ali v. State of U.P.

Allahabad HC9 Jun 2020BAIL/4606/2020

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Mumtaz Ali, an accused in a POCSO and IPC case. The applicant was granted bail on furnishing a personal bond and undertaking to provide sureties within one month due to lockdown. Specific conditions regarding trial presence and conduct were imposed.

What did the court decide?

Release on bail on personal bond and two sureties within one month; specific conditions regarding trial attendance and conduct imposed.

Mumtaz Ali Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4606 of 2020

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Applicant :- Mumtaz Ali Opposite Party :- State of U.P. Counsel for Applicant :- Nabi Ullah Counsel for Opposite Party :- G.A.,Suraj Kumar Singh

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Hon'ble Saumitra Dayal Singh,J.

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List revised. None appeared for the informant in both calls. Heard Sri Nabi Ullah, learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant - Mumtaz Ali with a prayer to release him on bail in Case Crime No. 514 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station - Cholapur, District - Varanasi , during pendency of trial.

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From perusal of the bail application and affidavit filed in support thereof, it appears, at present:

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(i) the applicant is accused of offence under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act;

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(ii) against FIR lodged on 10.11.2019, the applicant is in confinement since then;

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(iii) the applicant claims to have cooperated in the investigation. In any case, he is not shown to have unduly evaded arrest;

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(iv) the applicant has no criminal history;

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(v) chargesheet has already been submitted, however, there is no hope of early conclusion of the trial.

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Learned AGA has opposed the present bail application on the ground that specific allegation has been made against the applicant as to commission of heinous crime.

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Having heard learned counsel for the parties and having perused the record, without drawing any inference as to fact and without suggesting any such inference, on prima facie basis, only for purpose of grant of bail, according to the applicant, he has been falsely implicated. Also, it is noted that this is a case arising from disapproval of the informant to the relationship formed by the applicant and the victim. It is further noted that in her statement recorded under Section 164 Cr.P.C., the victim has diluted the prosecution story.

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In any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial.

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This Court in Criminal Misc. Bail Application No. 11973 of 2020 (Vijay Pratap Verma Vs. State of U.P.) has, while enlarging the applicant (in that case) on bail vide order dated 09.04.2020, imposed certain conditions. I am in respectful agreement with the said order and propose to follow the same.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Mumtaz Ali involved in the aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:-

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(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.

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(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.

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(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.

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(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.

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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:

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" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release. "

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Order Date :- 9.6.2020 AHA

Mumtaz Ali v. State of U.P.

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Mumtaz Ali v. State of U.P.

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