Grant of bail based on lack of material opposition, claim of false implication, and absence of previous criminal history.

JUDGMENT

Pankaj Bhatia, J. - Heard learned counsel for the applicant, Sri J.P. Mishra, for the informant, learned A.G.A. for the State and perused the material on record.

1. Supplementary affidavit filed by the applicant, is taken on record.

2. The present bail application has been filed by the applicant in case crime No.430 of 2016, under Sections 326, 354 IPC & 7/8 of POCSO Act, Police Station Shahpur District Muzaffar Nagar with a prayer to enlarge him on bail.

3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted by counsel for the applicant that co-accused Istikar @ Istkhar has already been enlarged on bail by coordinate Bench of this Court vide order dated 8.5.2019 passed in Criminal Misc. Bail Application No.36738 of 2018. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it is submitted that the applicant is in jail since 29.9.2018. It is further submitted that the applicant has no previous criminal history.

4. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.

5. Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

6. Let applicant Nayeem be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) 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.

(iii) 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.

(iv) 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.

(v) 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.