Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19734 of 2021 Applicant :- Faizan Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishal Jaiswal Counsel for Opposite Party :- G.A.,Praveen Kumar Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Learned counsel has referred the statement of victim, recorded under Section 161 and 164 Cr.P.C. and submitted that mere allegation against applicant is that he has caught hand of victim girl and asked for her mobile number and also hit her cycle with scooty. It was submitted that age of victim girl is 17 years and that mere allegation against applicant is that he did 'Chedchar' with victim girl. It was submitted that in view of nature of allegations against applicant and period of incarceration of applicant, it would not be appropriate to reject the bail application of applicant merely on the ground of criminal history. It was submitted that criminal history of ten cases has been shown against applicant but the same has duly been explained in the affidavit and that now applicant is languishing in jail since 19.03.2021 and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that victim is a minor girl and applicant has outraged her modesty and he has criminal history.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Faizan Ahmad involved in Case Crime No.69 of 2019, under Sections 354, 323, 504, 506 IPC, 7/8 POCSO Act and 3(1)(Da), 3(1)(Dha), 3(2)(5) S.C./S.T. Act, P.S.
Bhariyabad, District Ghazipur, be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 Neeraj