Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14039 of 2018 Applicant :- Coach Sahibe Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Khalid Mahmood, Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the case due to some ulterior motives. A false allegation of rape has been made against the applicant. He further submits that the version of FIR is not supported by any medical evidence. He has further contended that the applicant is in jail since 16.02.2018. It has been assured on behalf of the applicant that he will not misuse the liberty of bail and shall be present before the court whenever required.
Learned counsel for the applicant also contended that in another case of same nature applicant has got bail in Criminal Misc. Bail Application No. 14091 of 2018 by this Court vide order dated 20.07.2018. It has also been submitted that the applicant is languishing in jail since 16.02.2018. He further submits that applicant has no criminal history except these two cases.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicants are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties more particularly the applicant has also been enlarged on bail by this Court in Criminal Misc. Bail Application No. 14091 of 2018 by this Court, I am of the view that the applicant has made out a case for bail.
Let the applicant- Coach Sahibe Alam involved in Case Crime No. 29 of 2018, under Sections- 354, 376, 511 I.P.C. and Section 8 POCSO Act, Police Station- Baradari, District- Bareilly, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appears before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 Rohit