Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33638 of 2013 Applicant :- Iqbal Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Rana Counsel for Opposite Party :- Govt. Advocate,Vishal Singh Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf on applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.249 of 2013, under Sections 363, 366, 376, 506 I.P.C., Police Station-Bhojpur, District-Moradabad.
3. It is stated in the affidavit accompanying bail application that applicant is innocent and he has been falsely implicated. Applicant is not named in the FIR. Prosecutrix, who is daughter of complainant, is a major girl and left her home on her own will, she was a consenting party. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 22.08.2013 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Iqbal, involved in Case Crime No.249 of 2013, under Sections 363, 366, 376, 506 I.P.C., Police Station-Bhojpur, District- Moradabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 28.1.2019
Manish Himwan