Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41793 of 2017 Applicant :- Anwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This is the second bail application and has been filed by the applicant Anwar seeking bail in Case Crime No. 517 of 2017, under Sections 323, 376(D) IPC, P.S. Sihanigate, District Ghaziabad.
The first being Criminal Misc. Bail Application No. 28249 of 2017 was rejected "as not pressed" by Hon'ble Pratyush Kumar, J. vide his order dated 20.09.2017 Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has further submitted that the prosecutrix has not supported the prosecution version in the Trial Court. The applicant is in jail since 26.04.2017.
He has further submitted that similarly placed co-accused Aarif has already been granted by another Bench of this Hon'ble Court in Criminal Misc. Bail Application No. 31708 of 2017 vide order dated 30.11.2017, as such, the applicant Anwar may also be granted bail.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that similarly placed co- accused Aarif has already been granted bail by this Hon'ble Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Anwar 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.2.2018 Nadim