Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37765 of 2021 Applicant :- Aas Mohammad Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Ji Singh,Balendra Deo Misra Counsel for Opposite Party :- G.A.,Abhitab Kumar Tiwari,Santosh Mani Shukla
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 187 of 2021 under Sections 366, 376, 354, 120B IPC, police station Bairia, District Ballia with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. The victim is an educated and major lady aged about 19 years. In her statement under Sections 161 and 164 Cr.P.C., she has inter alia stated that on 29.07.2021, she was forcibly taken away by co accused Abdul Kalam, Chandan Kumar, Allauddin and one unknown person in a vehicle and thereafter she has stated that applicant was also involved in this incident. Learned counsel for the applicant submitted that it is apparent from the statement of victim that applicant was not involved in the alleged kidnapping. Victim has not made any specific allegation of kidnapping against applicant. Similarly, there is no allegation of molestation against the applicant. It was submitted that in fact applicant has been falsely implicated merely due to the reason that he is father of co-accused Abdul Kalam and in fact he has nothing to do with alleged incident. It has further been argued that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for first informant have opposed the prayer for bail and argued that victim girl has stated that applicant was also involved in the incident.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Aas Mohammad involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak