Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52768 of 2019 Applicant :- Arafat Naseem @ Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the age of the victim is 21 years as per high school certificate. She has admitted entering into friendship and physical relationship with the applicant by her consent. Subsequently, on the basis of community differences she has stated that she made distance from him but he used to follow her and pressurise her to marry him. The medical report does not supports the prosecution case. The applicant is in jail since 24.09.2019 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- Arafat Naseem @ Sameer, be released on bail in Case Crime No. 723 of 2019, under Sections- 323, 376, 504, 506 IPC, Police Station- Auraiya, District- Auraiya, 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 :- 29.11.2019 Rohit