Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13822 of 2016 Applicant :- Chaman Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- R.K Singh Gaharwar,Haya Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 592 of 2015, under Section 363, 366, 376-D I.P.C., P.S.- Quarsi, District- Aligarh, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the sister of the prosecutrix is married to co-accused Anees and she had filed a case u/s 498-A I.P.C. against him. It is next submitted that with a view to put pressure upon her brother-in-law Anees, the prosecutrix's mother lodged a F.I.R. falsely alleging commission of offences by the applicant and who is husband of the prosecutrix and her brother-in-law Anees u/s 376, 363, 366, 368, 504, 506 I.P.C and 7/8 of POCSO Act. He next submitted that as per the medical report of the prosecutrix, she is major and moreover, the medical report does not support the prosecution theory of rape. He next submitted that although the prosecutrix in her statement u/s 164 Cr.P.C. has supported the prosecution case but she has falsely attributed the act of commission of abduction and rape to the applicant only for the reason that he had refused to support her sister in the false case which was lodged against her husband Anees. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 02.02.2016, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Chaman Khan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 592 of 2015, under Section 363, 366, 376-D I.P.C., P.S.- Quarsi, District- Aligarh, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 29.3.2018/KS