Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35952 of 2021 Applicant :- Amir@ Gulfam Opposite Party :- State of U.P.
Counsel for Applicant :- Laxmi Kant Bhatt,Sandeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is a bail application on behalf of the applicant Amir@ Gulfam in connection with Case Crime No. 176 of 2021, under Sections 323, 504, 506, 376 I.P.C. and 3/4 D.P. Act, Police Station Sururpur, district Meerut.
The FIR of the incident was lodged by the complainant herself and it was alleged that the present accused was known to her and she was considering the present accused as a good person and one day the present accused entered the house of the complainant and committed rape after pointing of country made pistol on her. It was further alleged that he has made video of her and he was blackmailing her and later on she narrated this incident to her father and due to reason that they will be defamed they did not narrate this incident to anybody. The father and the alleged victim talked with the present accused and his family for marriage and the present accused and his family readily agreed to marriage with the present complainant and the marriage was fixed for 19.5.2021 and it was alleged that after fixing of the marriage, the present accused and his family started demanding dowry from the alleged victim and her family. It was further mentioned that one day before date of marriage i.e. 18.5.2021, the present accused Amir@ Gulfam ran away from the house and the present accused had viral the obscene photos and videos on whatsapp.
Learned counsel for the applicant submits that the alleged victim was aged about 21 years and the story putforward in the FIR is totally baseless and false and she was earlier married with Mohd. Shahrukh on 10.6.2020. Learned counsel further submitted that the present accused happened to be the maternal uncle's son of the complainant and the family of the complainant had taken loan of Rs. 2 lacs for getting marriage of Gulfsa from the father of the applicant which was solemnized on 10.06.2020 and when the accused and the present applicant and his family demanded their money back then this false FIR was lodged against him and his family. Learned counsel further submitted that during investigation no video or photographs were recovered by the police nor they were given by the complainant or her family to the police. He submitted that the applicant is languishing in jail since 27.06.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction, considering the ground of parity and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant Amir@ Gulfam involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.12.2021 SA