Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25226 of 2019 Applicant :- Husnain And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have not committed present offence. First information report was lodged against unknown persons. Victim is major. Nothing has been stated by the victim in her statement recorded under section 161 Cr.P.C. to implicate the applicant. No proper test identification parade has been arranged to identify the accused. Applicants were implicated in this case only on the basis of description of the motorcycle said to have been disclosed by the victim girl. Prosecution case is also not supported by medical evidence. Victim has changed her version from stage to stage. Referring to the entire facts, it is further submitted that no prima facie case is made out against the applicants. They are languishing in jail since 4.5.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Husnain and Farman involved in Case Crime No. 0039 of 2019 under Section 376D I.P.C., Police Station Bhagatpur, District Moradabad 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. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 25.6.2019 ss