Lalo @ Lallu @ Md Akib Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23206 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- SIGAUDI District- Patna ====================================================== LALO @ LALLU @ MD AKIB RAZA S/o Late Md. Shafi Ansari Resident of Village- Sigori, P.S.- Sigori, Distt- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Swapnil Kumar Singh For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Sigori P.S. Case No. 105 of 2021 registered for the offences punishable under Sections 292, 504, 506, 34 of the Indian Penal Code read with Section 67(A)/67(B) of the I.T. Act.
As per prosecution case, accusation against the present petitioner is that he used to speak vulgar against informant's minor daughter and it is further alleged that he has taken the obscene photos of her daughter and threatened to
2/4 marry her daughter and for that he used to give threatening for dire consequences. It is also alleged that the petitioner has made a forged whatsapp group and uploaded the obscene photos of informant's minor daughter and sent it on social sites. Learned counsel for the petitioner submits that petitioner is in custody since 04.01.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel through supplementary affidavit further submits that the petitioner will never keep relation with the victim/informant's daughter in future nor will he talk to her in any manner.
The learned A.P.P. for the State as well as learned counsel for the informant vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released
3/4 on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Danapur in connection with Sigori P.S. Case No. 105 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(v) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the
4/4 concerned police station on the first Tuesday of every month. (vi) Petitioner will not leave the territorial limit of the concern court without appropriate permission of this Court. (vii) If any of the conditions shall not been complied by the petitioner his bail bound will be cancelled by the lower court itself.
(Alok Kumar Pandey, J) amitkr/- U T