Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49361 of 2018 Applicant :- Azimullah Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. In fact the daughter of the applicant namely Asma Khatoon was kidnapped by Naurang and Alam and the daughter of the applicant namely Asma Khatoon has made allegation of rape against the son of Naurang. The husband of victim is the driver of Naurang due to which the victim has lodged the F.I.R. against the applicant and the co-accused Abdulla on the basis of an application moved under section 156(3) Cr.P.C. The applicant has not committed the alleged offence. The victim is a married lady aged about 36 years. There is no medical evidence on record. The victim herself filed an affidavit before the Magistrate concerned in which she has mentioned that she has wrongly mentioned the name of the co-accused Abdulla who was not involved in the alleged incident. There is no criminal history of the applicant and he is in jail since 12.10.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Azimullah involved in Case Crime No. 314 of 2018, under Section 376-D, 506 IPC Police Station Nichlaul District Maharajganj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018/Gss