JAVED ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Today, when the case is taken up, Mr. Ram Ker Singh, learned counsel, (Enrollment No. UP 4309 of 1980, Advocate Roll No. A/R0784/2012, Chamber No. 9. Tribhuwan Upadhyay Hall IInd Floor, High Court Allahabad, Mobile Nos. 9451302056 and 9807344717), has appeared in this case on behalf of the applicant, whereas Mr. Hausila Prasad, learned Advocate, (Enrollment No. UP 3754/1994,Advocate Roll No. A/H 0127/2012, Mobile No. 9450704504, Chamber No. 9, Tribhuvan Upadhyay Hall IInd Floor, High Court, Allahabad, resident of 475 Rajapur, near police booth, Prayagraj, 211001) has appeared on behalf of opposite party No. 2 /informant, Gurdeep Verma, who is father of the victim/prosecutrix aged about 15 years.

(2.) Learned counsel for the applicant after advancing his argument at some length, stated that Mr. Hausila Prasad, learned counsel for the informant/complainant also has no objection in granting bail to the applicant. On being enquired by this Court, Mr. Hausila Prasad, learned Advocate did not oppose the submissions of learned Counsel for the applicant. In the meantime, Mr. Vivek Kumar Singh, learned Advocate (Enrollment No. A/V-0571/2012, U.P.B.C. No. 2590 of 1998, Mobile No. 9412207892) appeared in this case and by raising a preliminary objection, apprised the Court that in fact only he has the instructions on behalf of informant, Gurdeep Verma S/o Heman Verma, resident of Mohalla Sarai Gosain, police station Kotwali City, district Bulandshahr and not Mr. Hausala Prasad, Acvocate, who has filed forged Vakalatnama on behalf of the informant. He also pointed out that Mr. Hausila Prasad, Advocate has filed his Vakalatnama on 26th of July, 2021 through E-mode in collusion with Mr. Ram Ker Singh, learned counsel for the applicant only to obtain bail by hook or crook and in fact the said Vakalatnama is a forged document, whereas the fact is that the informant/complainant, Gurdeep Verma has not engaged him.

(3.) When Mr. Hausila Prasad was confronted with the submissions of Mr. Vivek Kumar Singh, Advocate that he has instructions on behalf of the informant/complainant, Mr. Hausila Prasad, learned Advocate stated at the bar that the said Vakalatnama has been provided to him by Mr. Ram Ker Singh, learned counsel for the applicant. It is also submitted by Mr. Hausila Prasad that he is associated with Mr. Ram Ker Singh, learned counsel appearing for the applicant. It is further submitted that his fee to appear in this case on behalf of the informant has also been given by Mr. Ram Ker Singh, learned counsel for the applicant. He was engaged by Mr. Ram Ker Singh, for the reason that the Hon'ble Court may not issue the notices to the informant/complainant, Gurdeep Verma and victim of this case, because the present matter pertains to offence under Sec. 376(2)(i), 506 IPC and 3/4 Protection of Children from Sexual Offences Act, registered as Case Crime No. 434 of 2021 at police station Kotwali Nagar, district Bulandshahr and grant bail to the applicant.