Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48818 of 2019 Applicant :- Abrar Opposite Party :- State of U.P.
Counsel for Applicant :- Babloo Pant Counsel for Opposite Party :- G.A.,Manoj Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Manoj Singh, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that it is a case of false implication. The allegation in the first information report is not credible. It has been alleged that on 18.06.2019 at about 02:00 p.m the husband of the victim, Salman, divorced her in the presence of the entire family members of her matrimonial home and thereafter it is alleged that the applicant along with two other co-accuseds, who are the elder brothers of husband of the prosecutrix, raped her inside the house in the presence of the entire family members. Thereafter they dropped her near her parent's house on the next day i.e., on 19.06.2019. F.I.R. of the aforesaid incident has been lodged after 11 days on 01.07.2019. In the medical report no external or internal injury has been found on the body of the victim. It has been submitted that the victim was annoyed by the divorce given by the brother of the applicant and since the applicant had not supported her in quarrel with her husband she has falsely implicated three brothers of her husband in this case. The applicant is in jail since 17.07.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Abrar, be released on bail in Case Crime No.
328 of 2019, under Sections- 376-D, 504, 506 IPC, Police Station- Gulaothi, District- Bulandshahar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Rohit