Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52254 of 2019 Applicant :- Ahmad @ Shahid Opposite Party :- State of U.P.
Counsel for Applicant :- Amarnath Tripathi,Indra Kumar Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri I.K. Chaturvedi, learned Senior Counsel assisted by Sri Amarnath Tripathi, learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that it is a case of false implication. The applicant was seen with the victim in compromising position with one Lalu @ Alamgir. Since the applicant along with co- accuseds was passing by he saw the incident hence he has been implicated by the victim in this case. Even the husband of the victim has stated against her and in his statement under Section 161 Cr.P.C. that the victim is not satisfied with him and keeps talking to some person on mobile phone for hours together and when he stops her she threatens to pour kerosine oil and put herself on fire. The applicant is closely related to the co- accuseds and he has been falsely implicated. The applicant is in jail since 26.06.2019 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- Ahmad @ Shahid, be released on bail in Case Crime No. 173 of 2019, under Sections- 376-D, 506 I.P.C., Police Station- Lohta, District- Varanasi, 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