Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28126 of 2018 Applicant :- Akram Opposite Party :- State Of U.P.
Counsel for Applicant :- M J Akhtar,Sri V. M. Zaidi, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri V.M. Zaidi, Senior Advocate assisted by Sri M. J. Akhtar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Akram in Case Crime No. 235 of 2014, under Sections 376Gha, 342, 323, 506 I.P.C., Police Station- Mandawali, District- Bijnor with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The reality is that in the year 2006, the applicant was married to the sister of prosecutrix. The F.I.R. was lodged by the father of the prosecutrix in the year 2006 against which the applicant has challenged, the proceedings in which stayed. Thereafter, the relations between the sister of the prosecutrix and the applicant became strained due to which the F.I.R. implicating the applicant in the case of gang-rape was lodged in the year 2014. He further submits that the prosecution version of forcibly Nikah of the prosecutrix with the applicant is totally fabricated, inasmuch as, the applicant has not given divorce to his first wife (elder sister of the prosecutrix). The first information report was lodged after a month. The prosecutrix was also subjected to medical examination on 09.09.2014 from which nothing was found to corroborate that she was subjected to gang-rape. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Akram be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2018 Vikas/-