Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9547 of 2018 Applicant :- Halfaq @ Govinda Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Shiromani Shukla and Sri Anubhav Shukla, 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- Halfaq @ Govinda in Case Crime No. 431 of 2017, under Sections 452, 376, 323, 504, 506 I.P.C., Police Station- Awanla, District- Bareilly with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that the applicant and the first informant reside in the same village. A couple of days before the alleged incident, on some petty issue altercation and marpeet had taken place between the parties. The manner in which the prosecution has alleged the commission of rape by the applicant does not inspire confidence, inasmuch as, according to the prosecution, 13 years old son of the prosecutrix was sleeping along with her on the same bed and other family members were also present in the house. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.09.2017, 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- Halfaq @ Govinda 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 :- 20.9.2018 Vikas