Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13025 of 2018 Applicant :- Bilal Opposite Party :- State Of U.P.
Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1525 of 2018 Applicant :- Abid Opposite Party :- State Of U.P.
Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Both the above said bail applications have been filed by respective applicants arising out of same case crime number hence, both the aforesaid applications are being disposed of by this common order.
Heard Sri Shravana Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the above said applicants in Case Crime No.377 of 2017, under Sections 376-D, 392, 323, 506 IPC, Police Station Nakud, District Saharanpur, with the prayer to release them on bail.
Submission of learned counsel for the applicants is that the first information report in the instant case has been registered against the applicants on 11.7.2017 at 2.20 P.M. in respect of the incident of gang rape allegedly committed by the applicants on 22.4.2017. It is argued by learned counsel for the applicants that there was enmity between the applicant and the husband of the victim. The story setup by the prosecutrix that a property was sold for a consideration of Rs. five lakhs was received by her. However, the husband of the victim remained silent and on being questioned by the investigating officer regarding the money allegedly looted by the accused after raping the victim. It is submitted that the medical report does not support the version of rape. Learned counsel for the applicants submits that the applicants Bilal & Abid are languishing in jail since 30.8.2017 and 13.11.2017 respectively having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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 applicants Bilal and Abid, be released on bail in the aforesaid case crime number on their 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 applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants 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 applicants.
Order Date :- 24.8.2018 Hasnain