Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45125 of 2021 Applicant :- Aleem Opposite Party :- State of U.P. and Another Counsel for Applicant :- S A Husain,Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Facts in brief are that informant aged about 22 years came in contact with applicant and fell in love thereafter established physical relations as a result a female child Mahak was born prior to three years of this incident. Applicant ill-treated her and cheated her by misrepresenting him as Anil while he was Aleem professing muslim religion.
It is submitted that the applicant is innocent. He has been falsely implicated in this case by the informant. She was major prior to four years of this incident. Both of them were in love affairs. They established physical relation with consent of each other. One female issue was born. Due to mutual dispute informant has lodged this F.I.R against the applicant. No any injury was found on the person of informant. The applicant is in jail since 19.05.2021, therefore, requested for bail.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Aleem involved in Case Crime No. 322 of 2021, under Sections 363, 376, 354B, 323, 504, 506, 452 I.P.C.
and 3/4 Protection of Children from Sexual Offences Act, 2012, P.S. Khurja Nagar, District Bulandshahr, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 he is accused, or suspected of the commission of which he is 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 PS