Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31554 of 2017 Applicant :- Arif Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Gopal,Vikas Rana Counsel for Opposite Party :- G.A.,Rajesh Kr.Dubey,Sudhanshu Singh
Hon'ble Rajul Bhargava,J.
Heard Ms. Zia Naz Zaidi, learned counsel for the applicant, Sri Rajesh Kumar Dubey, Sri Sudhanshu Singh, learned counsels for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.27 of 2017, under Sections 366, 376 IPC, Police Station Subhash Nagar, District Bareilly, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that a non cognizable report under Section 498 IPC was lodged by the father of prosecutrix on 8.7.2016 at 8.45 P.M. regarding an alleged offence committed on 7.7.2016 at 3 P.M. that the applicant and two others had enticed his daughter and she has not returned back. It is argued that the prosecutrix is admittedly a married lady aged about 35 years and her statement was recorded under Section 161 Cr.P.C. after five months of lodging of the non cognizable report in which for the first time, she stated that the applicant had also committed rape on her. Her statement under Section 164 Cr.P.C. was recorded six months thereafter. It is next argued that according to prosecutrix, she was made a captive for five months. The version set up by the prosecution of gang rape by the applicant is not supported by medical evidence. Learned counsel for the applicant submits that the applicant is languishing in jail since 25.4.2017.
Per contra, learned counsel for the informant vehemently opposed the bail but could not refute the submissions made by learned counsel for the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Arif, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.4.2018 Hasnain