Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53539 of 2021 Applicant :- Furkan Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that the informant was married to Danish. The applicant is brother-in-law (nandoi) of the informant. On 25.06.2021, rape was committed with the informant by the applicant regarding which an F.I.R. was lodged at PS Civil Lines on 02.08.2021. Again on 06.08.2021, another FIR was lodged on the same facts at PS Mahila Thana.
It is submitted that applicant is innocent and he has been falsely implicated in this case being nandoi of the husband of the informant. There is matrimonial dispute between the husband and wife. During investigation, allegation of rape though made against the husband also was found not established. No any evidence was found against the applicant during investigation. Therefore, final report was submitted by the police. On the same version, this FIR was lodged by the informant only for the purposes of harassment of the applicant. No any injury was found on the person of the informant during medical examination. Husband of the informant Danish has already been granted bail by the court below. The applicant is in jail since 09.11.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties, without expressing any opinion on the 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 Furkan involved in Case Crime No. 660 of 2021, under Sections 376, 506, 323, 504 IPC, P.S. Civil Lines, District Moradabd be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Madhurima