Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28018 of 2020 Applicant :- Farukh Opposite Party :- State Of U.P. Another Counsel for Applicant :- Akash Tomar,Mohd. Monis Counsel for Opposite Party :- G.A.,Shiv Babu Dubey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Farukh, in Case Crime No. 155 of 2020, under Section 376 I.P.C. and 3/4 of Protection of Children From Sexual Offences Act, 2012 and 67 of Information Technology Act, Police Station-Kithore, District-Meerut.
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; he has been falsely implicated in this very case crime number and is languishing in jail since 25.04.2020; prosecutrix in her testimony recorded before the trial Court as P.W.-1, filed by way of supplementary affidavit dated 02.11.2021, had denied the accusation in its entirety; no accusation of rape or kidnapping has been accepted by her; in her cross examination, by learned prosecutor, she had denied her statement under Section 161 Cr.P.C.; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail; hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose the above factual aspects.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Farukh, 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 :- 17.12.2021 Deepak/