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Allahabad High Court · body

2017 DIGILAW 1514 (ALL)

Arif Siddiqui v. State of U. P.

2017-06-12

PRATYUSH KUMAR

body2017
JUDGMENT Supplementary affidavit filed on behalf of the applicant is taken on record. On the oral prayer learned counsel for the applicant is permitted to add section 364-A/329, IPC along with other sections on the basis of subsequent rejection order dated 15.4.2017. He is permitted to add sections in the bail application today itself. Heard learned counsel for applicant, learned A.G.A. and perused the record. This bail application has been preferred by the accused-applicant, Arif Siddiqui, who is involved in Case Crime No. 84 of 2017, under Sections 147, 323, 504, 506, 343, 364-A, 329, 195, 218, 120-B, I.P.C. P.S.- Thakurganj, District- Lucknow. Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent. He has been falsely implicated. He is not named in the first information report. He has no previous criminal history. The role assigned by the kidnapped person to the present applicant does not make the offences with which the present applicant has been charged. He further submits that according to the kidnapped person he was handed over to the police in her safe condition after procuring his alleged confessional statement video recorded by the applicant and his associates. On behalf of State bail has been opposed. In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record while distinguishing the role of other accused, without commenting on the merits of the case, I find it a fit case for bail. Let applicant, Arif Siddiqui, 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 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, if 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). 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 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 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.