Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32949 of 2018 Applicant :- Asif Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 53/2018, under Sections 366, 376 IPC police station Sindhauli District Shahjahanpur with the prayer to enlarge the applicant on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that though the accused-applicant has been named in the FIR, however, he has been falsely implicated in the present case due to ulterior motive; much reliance has been placed upon the statement of the victim under Section 164 Cr.P.C., contents of which are self explicit and it has been contended that the girl is a consensual relationship with the applicant; as per medical examination report, the age of the victim is about 18 years; the applicant has no previous criminal history and he is in jail since 30.01.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Asif involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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 the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 30.8.2018 Anand