Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43781 of 2018 Applicant :- Farooque Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Farooque Ali seeking bail in Case Crime No. 644 of 2018, under Section 377 IPC & 5M/6 Protection of Children from Sexual Offences Act, Police Station Swar, District Rampur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that even according to the medical report the victim has not received any external injury on his person and as such the prosecution story becomes doubtful.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 18.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the medical report does not support the prosecution case and that the applicant is in jail since 18.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and 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 the applicant Farooque Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 Ashok Gupta