Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10661 of 2018 Applicant :- Jahangeer @ Jagir Opposite Party :- State Of U.P. Counsel for Applicant :- Rajat Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State and supplementary affidavit filed on behalf of the applicant are taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The medical report does not support the prosecution version. There is no medical evidence on record to prove the miscarriage of the victim. During trial the statement of victim has been recorded as p.w.-1 before the trial court in which she has not supported the prosecution version and has been declared hostile. She clearly stated that on 15.11.2017 she has gone to the house of her Mausi Asma. The applicant has not committed the alleged offence. She further stated that the applicant has not took her away. The victim in her statement has not made any allegation against the applicant. There is no other cogent evidence against the applicant. The applicant has not kidnapped or detained the victim, false allegation has been made against the applicant. There is no criminal history of the applicant and is in jail since 18.11.2017.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Jahangeer @ Jagir involved in Case Crime No. 774 of 2017, under Section 363, 342, 313,376, 506, 120-B IPC and 3/4 POCSO Act, Police Station Shivpur District Varanasi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 Gss