Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31439 of 2018 Applicant :- Gulfam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Gulfam in Case Crime No. 93 of 2018, under Sections 376, 452, 506 I.P.C., Police Station- Rajabpur, District- Amroha with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that admittedly the prosecutrix is aged about 21 years. In the F.I.R. lodged by her, she has stated that she had developed love affair with the applicant about two years back and the applicant on the pretext of marrying her had established physical relations with her. From the averments of the first information report and the statement of the victim recorded under Section 164 Cr.P.C., it appears that she was a consenting party, however, on account of some differences between them the marriage could not take place. Thus, the prosecutrix in order to exert pressure falsely implicated the applicant in the present case. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Gulfam 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 23.8.2018 Vikas/-