Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50415 of 2019 Applicant :- Abdul Rakeeb Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh,Jagdish Prasad Mishra
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Dharmendra Pratap Singh and learned A.G.A. for the State.
It has been submitted that on account of matrimonial dispute of the applicant with her wife, he has been falsely implicated by the victim herself. She has levelled false allegation against the brother of the applicant on account of ulterior motives. There is no medical evidence to support the alleged offence. The age of the victim as per medical report is 19 years. The applicant alleges false implication. He is in jail since 12.08.2019 and has no criminal history to credit.
Per contra, learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail on the ground that the allegation against the applicant and his brother are serious and the applicant is not entitled to be enlarged on bail.
After hearing the rival contentions and perusing the material on record, this court does not finds that allegation of unnatural offence has not been found by the doctor who examined the victim medically. Medical report does not supports the allegation except simple injuries suffered by the victim, which may be caused in domestic violence. In the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Abdul Rakeeb involved in Case Crime No.164 of 2019, under Sections 342, 376, 377, 313, 498- A, 323 and 506 IPC, Police Station Mirapur, District-
Muzaffarnagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.11.2019 SS