Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47318 of 2017 Applicant :- Abdul Gaffar Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Pandey,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Mazhar Ullah
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Sri Subhash Chandra Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
Learned counsel for the applicant submitted that applicant has been falsely implicated due to enmity. As a matter of fact, applicant has matrimonial dispute with his wife in respect of which a case is also pending u/s 498A IPC against him. The family of victim is in habit of lodging report of similar nature as in past also the mother of victim has filed an FIR of similar nature against applicant and his father registered as Case Crime No. 159C of 2016. He further submitted that prosecution story as stated in FIR is false which does not find support from medical evidence also. He further submitted that applicant who is in jail since 27.9.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. and learned counsel for the first informant have vehemently opposed the prayer and submitted that prosecutrix has supported the prosecution and there is no reason of false implication.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Abdul Gaffar be released on bail in Case Crime No. 287 of 2017, under Sections 376, 323, 506 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, P.S. Sahbad, District Rampur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.2.2018 Siddhant Sahu