Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34872 of 2018 Applicant :- Jahid Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashish Kumar Gaur, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Jahid Ali in Case Crime No. 219 of 2018, under Sections 363, 366, 376 I.P.C., 3/4 Prevention of Children from Sexual Offence Act and 3(2)5 of SC/ST Act. Police Station- Baheri, District- Bareilly with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The victim is aged about 17 years. In her statement recorded under Section 164 Cr.P.C. she has stated that no one had kidnapped her and she had left her home on her own. She has squarely denied that the applicant had abducted or sexually assaulted her. He further submitted that the victim has refused for her medical examination. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 15.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Jahid Ali be released on bail in the aforesaid case crime number on his 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 applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant 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 applicant.
Order Date :- 17.9.2018 Vikas/-