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Allahabad High Court · body

2016 DIGILAW 105 (ALL)

Mo. Ahmad Khan v. State of U. P.

2016-01-08

SUDHIR KUMAR SAXENA

body2016
JUDGMENT Sudhir Kumar Saxena, J. Heard learned counsel for the applicant and learned AGA for the State. 2. It is submitted that applicant is a ward-boy working in District Hospital, Auria. Ainnudeen, Sub-Inspector, P.S.- Kotwali, District-Unnao is his relative and owing to some family dispute, he has falsely implicated the applicant in this case. Offence is triable by Magistrate-1st class with maximum sentence of three years. Applicant is lying in jail since 22.10.2015. 3. If allegation made by the applicant is correct, then it needs to be enquired into as such type of allegations bring dis-repute to the Police Department. 4. Learned AGA opposed the prayer for bail. 5. Consequently, while granting bail to the applicant, I direct Superintendent of Police, Unnao to enquire into the allegation of applicant against Ainnudeen, S.I. Kotwali and conclude the enquiry within fifteen days with intimation to the Government Advocate. 6. Let the applicant- Mo. Ahmad Khan involved in Case Crime No. 1008 of 2015, under Sections- 379/411 IPC, Police Station- Kotwali, District-Unnao be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: - (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. (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. (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. (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. Senior Registrar of this Court and Government Advocate will communicate the order to the Superintendent of Police, Unnao.