Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26032 of 2020 Applicant :- Faeem Ahmed Alia Bhura Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Kumar Shukla,Rohit Nandan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Faeem Ahmed Alia Bhura has prayed to release him on bail in Case Crime No. 166 of 2020, u/s 376, 506 I.P.C., P.S. Kotwali Dehat, District Bijnor.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 26.6.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Occurrence is said to be of 20.3.2020, whereas the first information report was lodged on 26.6.2020 i.e. after more than three months. No such occurrence was ever occurred. Prosecutrix is daughter of real maternal uncle of the applicant. It was a false implication with ulterior motive. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not oppose this fact that applicant is of no criminal antecedent.
Having heard the learned counsel for the parties and gone through the material placed on record, it is apparent that prosecutrix in her statement has categorically said that accused took her from her home to his home and left in the evening from his home to her home. But even after three months, no disclosure or complaint or protest was ever raised by the applicant and this report was got lodged with such unnatural delay. Prosecutrix is major.
Considering all this fact and circumstances, but without commenting upon the merits of the case, which mandate of Article 21 of the Constitution of India as well as of as well as law laid down by the Hon'ble Apex Court in the Case of Dataram Singh v. State of U.P. & Anr., (2018) 3 SCC 22, and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Faeem Ahmed Alia Bhura, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 5.1.2021 Ravi Prakash