Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6985 of 2018 Applicant :- Javed Alam @ J.D.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mir Sayed,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard Shri Rajiv Lochan Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that in respect of an incident of rape which had taken place on 22.01.2014 with the wife of applicant by maternal uncles of the first informant, the wife of the applicant had lodged an F.I.R. which was registered on 23.08.2014 and in counter blast thereof the present F.I.R. has been lodged by order of court passed under section 156(3) Cr.P.C. showing incident to be of 21.01.2014. Further submission is that two applications in respect of incident in question under section 156(3) Cr.P.C. were made showing diferent age of victim therein. Further submission is that first informant who is a married lady has been used as tool by her maternal uncle. It is also the submission that applicant who is in jail since 05.01.2017 is not a previous convict and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. The criminal history of applicant has been explained in para no. 20 of the affidavit filed in support of bail application.
Learned A.G.A. has vehemently opposed the prayer and submitted that first informant has fully supported the prosecution and there is no reason of false implication.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and evidence in support of it and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Javed Alam @ J.D. be released on bail in Case Crime No. 207 of 2014, under Sections 376D, 392, 323, 506, 294 I.P.C. & section 67/67-A of Information Technology Act, P.S. Sarai Meer, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2018 Bhanu