Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22301 of 2019 Applicant :- Arif Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. Initially, F.I.R. was lodged by the victim herself on 7.10.2018 only against the co-accused Nazim. Nothing was mentioned in the F.I.R. against the applicant. Even, nothing was stated by the victim to the investigating officer during investigation against the applicant. For the first time, in the statement of the victim recorded under section 164 Cr.P.C., allegation against the applicant for committing the offence of rape has also been levelled. Referring to the above facts, it is further submitted that had the applicant involved in this matter, the victim would have disclosed this fact in the F.I.R. lodged by her. Non- mentioning the name of the applicant in the F.I.R. about committing the present offence creates doubt regarding the involvement of the applicant. It is further submitted that the applicant does not have any previous criminal history. He is languishing in jail since 30.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Arif involved in Case Crime No. 995 of 2018 under Sections 366, 376 I.P.C., Police Station Izzatnagar, District Bareilly 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. Further, before issuing the release order, the sureties be verified.
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 :- 31.5.2019 / ss