Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11262 of 2018 Applicant :- Hasmuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Yadav Counsel for Opposite Party :- G.A.,Arunesh Kumar Singh Hon'ble Aniruddha Singh,J.
Sri Arunesh Kumar Singh, Advocate has filed his vakalatnama on behalf of the complainant and also filed counter affidavit on behalf of the complainant namely Shabname Khatoon which are taken on record.
Sri Pankaj Kumar Yadav, learned counsel for the applicant has filed supplementary affidavit on behalf of applicant, which is also taken on record.
Heard Sri Pankaj Kumar Yadav, learned counsel for the applicant, Sri Arunesh Kumar Singh, learned counsel for the complainant and learned A.G.A. for the State, and perused the record.
In compliance of the order dated 28.03.2018 passed by a co-ordinate Bench of this Court, the victim namely Shabname Khatton is present personally before the Court. Her presence is exempted till further order.
According to the prosecution case, FIR was lodged on 03.10.2017 by the victim/complainant against this accused Hasmuddin alleging that he cheated the victim/complainant and raped her.
In para-3 of the counter affidavit filed today on behalf of the victim/complainant, she stated as under:-
"That in view of the above mentioned fact, the victim is ready to perform Nikah with the applicant as she is having love affairs with the applicant and also wants to Nikah with him."
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; applicant is ready to marry with the victim/complainant; applicant is languishing in jail since 15.11.2017 (more than five months) having no criminal history; in case he is released on bail he will not misuse the liberty of bail and co-operate in the trial.
In para-4 of the supplementary affidavit filed today on behalf of the applicant, he stated as under:-
"That in view of the above mentioned fact, the applicant is still ready to perform Nikah with the alleged victim as he is having love affairs with the alleged victim and also wants to Nikah with her."
Learned A.G.A. opposed the prayer for bail, but could not dispute with the aforesaid facts.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Hasmuddin involved in the Case Crime No.794 of 2017(S.T. No. 55 of 2018), under Sections 420 and 376, IPC, read with Section 3/4 Protection of Children From Sexual Offence Act, Police Station Kasya, District Kushinagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018/VKG