Allowed

Sajid v. State of U.P. though Principal Secretary (Home) at Lucknow, U.P.

Allahabad HC21 Nov 2022BAIL/41769/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, in a Criminal Misc. Bail Application, granted bail to the applicant by finding the case a fit one. The court imposed strict conditions to ensure the applicant's presence in court and diligent trial conduct.

What did the court decide?

Order for release on bail subject to compliance with conditions regarding attendance, conduct, and trial timeline.

Sajid Vs State of U.P. though Principal Secretary (Home)… — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41769 of 2022

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Applicant :- Sajid Opposite Party :- State Of U.P. Though Principal Secretary (Home) At Lucknow, U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

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The applicant seeks bail in Case Crime No. 79 of 2022, under Sections 354-B, 458, 506,376 IPC, P.S. Titavi, District Muzaffar Nagar.

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As per prosecution story, applicant is said to have molested the victim on 10.05.2022 while she was alone in her house.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the FIR was lodged on 22.5.2022 whereas the incident is said to have taken place on 10.5.2022 without there being any explanation of delay. It is further submitted that applicant is a married lady having two children. There is no injury on the person of the victim. In the medical, there is no definite opinion about sexual assault. The applicant is in jail since 26.5.2022 and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.

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Let the applicant- Sajid, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he

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shall not seek any adjournment on the date 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 IPC.

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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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 21.11.2022 RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.11.21 16:22:24 IST Reason: Location: High Court of Judicature at Allahabad

Sajid v. State of U.P. though Principal Secretary (Home) at Lucknow, U.P.

Case brief

What is this about?

What did the court decide?

Sajid v. State of U.P. though Principal Secretary (Home) at Lucknow, U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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