Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48633 of 2018 Applicant :- Faizi Ahmad @ Monu Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Hardev Prajapati,Nasim Uddin Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Counter affidavit filed today is taken on record.
Heard Sri Mohd. Imran Khan, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 04.10.2018 and has no criminal antecedents which fact is not disputed by the learned A.G.A. It is next submitted that the prosecutrix in her statement recorded under section 164 Cr.P.C. has not alleged of any misbehaviour by the applicant. It has been further submitted that the applicant has been falsely implicated, on the pressure of her parents only after the prosecutrix returned to her home, whereas she actually likes the applicant and left her home on her own free will.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant-Faizi Ahmad @ Monu Khan, be released on bail in Case Crime No.263 of 2018, under sections 363, 366 IPC, P.S. Vindhyachal, District Mirzapur on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.5.2019 RPS