Sattar Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:172021

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31138 of 2023

Applicant :- Sattar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.,Amit Kumar Pandey

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Hon'ble Dr. Gautam Chowdhary,J.

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Personal affidavit on behalf of Superintendent of Police, Moradabad filed by learned A.G.A. today in the Court is taken on record. Heard learned counsel for the applicant, learned A.G.A for the State, Sri Amit Kumar Pandey, learned counsel for the informant and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that the applicant is not named in the F.I.R. and his name surfaced after eight months of the lodging of the F.I.R. He further submits that prosecution has developed the story alleging "X" as sister of the applicant with whom the allegation that the applicant engaged her in flesh trade, when in fact there is no relationship between the applicant and the alleged "X", as is evident from the perusal of the statement of neighbour, copy of which is annexed as Annexure-5 to the affidavit accompanying the bail application. Learned counsel further submits that the prosecution has failed to prove its case beyond all reasonable doubt and that no identification parade was conducted. He further submits that even the radiological report, that no alive or dead spermatozoa seen in the supplied sample. It is thus contended that the applicant has been falsely implicated in the present case due to parti-bandi. Several other submissions in order

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to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 17.02.2023 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Sattar involved in Case Crime No. 694 of 2022 under Sections 363, 366A, 370, 372, 376D/34 I.P.C., Section 3/4, 5/6 Immoral Traffic (Prevention) Act, 1956, Section 5/6, 16/17 POCSO Act and Section 75 Juvenile Justice Care and Protection of Children Act, 2015, Police Station Majhola, District Moradabad be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall

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not seek any adjournment on the dates fixed for evidence and 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.8.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Sattar v. State of U.P. and 3 Others

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Sattar v. State of U.P. and 3 Others

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