Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35841 of 2018 Applicant :- Ikram Beg And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Alam,Mohammad Sabauddin Ansari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohammad Alam & Sri Mohammad Sabauddin Ansari, learned counsels for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No.1139 of 2017, under Sections 376, 498-A, 323, 504, 506 IPC, Police Station Hafizganj, District Bareilly, with the prayer to release them on bail.
Submission of learned counsel for the applicants is that the prosecutrix is the sister-in-law (Bhabi) of the applicant. The victim was married with the applicant's brother about seven years back, though there were differences and matrimonial discord between the husband and wife on account of which, the victim had even left her matrimonial home and started living with her parents. Subsequently on account of personal grudge and animosity, she moved an application on 27.10.2017 before the Senior Superintendent of Police making allegation of unnatural intercourse by the husband and rape by the applicant and his brother (Devar) who are younger brother of husband of prosecutrix. It is argued that in the statement recorded under Section 164 Cr.P.C., the victim has not levelled any allegation of unnatural intercourse by her husband. The version setup by the victim is improbable and hard to believe. He further submits that the prosecutrix has somehow manage to procure medical report in which certain simple injuries whose duration of about 5-6 days is recorded. Lastly, it is submitted that the applicants are languishing in jail since 28.6.2018 having no criminal antecedents.
Per contra, learned A.G.A. vehemently opposed the bail and submitted that the victim was also beaten up at her matrimonial home and she has sustained injuries. However, he could not dispute that the injuries of the victim were examined after seven days and duration is 6-7 days old and are superficial in nature.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let applicants Ikram Beg & Saddam Beg alias Mohd. Islam Beg, be released on bail in the aforesaid case crime number on their 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 applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants 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 applicants.
Order Date :- 24.9.2018 Hasnain