Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14060 of 2019 Applicant :- Irfan Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant, learned A.G.A. and perused the record.
As per F.I.R. version, on 30.05.2018 at about 1.30 A.M., when victim is sleeping in her room and her father-in-law, Irfan, entered into her room, on the point of big knife raped her. Thereafter applicant rushed out of the room and dialled 100 number. Then victim-Jaheera lodged an F.I.R. on 31.5.2018 at about 13.09 hours against the applicant under sections 376 & 506 I.P.C.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case; that he is an old aged person suffering from several old aged deceased; that neither the applicant is father-in-law of the informant- victim, nor she is wife of Gulfam; that victim is a divorcee lady having 7 children and her elder daughter is aged about 30 years; that there is illicit relationship between the victim and the son of the applicant namely Gulfam; that police arrested the applicant on 1.6.2018 and falsely planted recovery of a knife upon the applicant; that there is contradiction between the statements of the victim recorded under Section 161 and 164 Cr.P.C.; that there is no cogent or credible evidence against the applicant available on record. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 1.6.2018 having no criminal history.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Irfan involved in Case Crime No. 654 of 2018, under Sections 376 & 506 I.P.C., P.S. Kotwali Nagar, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 27.11.2019 Vibha Singh