Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47098 of 2021 Applicant :- Farooq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Counter affidavit filed on behalf of State is taken on record.
As per AGA, notice upon opposite party no.2 is served.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.181 of 2021, under Sections 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station Ramchandra Mission, District Shahjahanpur, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) As per statement recorded under Section 164 Cr.P.C. victim / prosecutrix is major aged about 19 years and she was consenting party. She did not level any allegation of rape against the applicant. She had gone with applicant of her own free will and married with applicant. She was fully capable of understanding what was happening with her.
(iii) Applicant is in jail since 24.06.2021 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim under Section 164 Cr.P.C. and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Farooq be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 I.A.Siddiqui