Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21821 of 2019 Applicant :- Javed Mehdi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.,Ramesh Chandra Srivastava
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is father in law of the informant. He has no concern with the present matter. Offence under Section 376 read with Section 511 IPC is not attracted in the present matter. At this juncture learned counsel for the applicant referred to Annexure No. 4 and argued that before lodging of the FIR one petition under Section 12 of the Protection of Women from Domestic Violence Act had already been filed by the victim against the applicant. It is also argued that husband of the victim is living at present in Saudi Arab in connection with his livelihood. Applicant is residing in State of Bihar. When police built pressure thereafter he surrendered before the court concerned. He never stayed in district Gautam Budh Nagar. Victim is residing all alone in district Gautam Budh Nagar along with her children. Entire allegations levelled against the applicant are false. Present FIR was lodged only to create pressure upon the applicant. It appears improbable and unbelievable that applicant who is father in law of the victim would commit such type of offence. Applicant has no criminal history and is languishing in jail since 18.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant and learned AGA argued that victim has clearly supported the prosecution case in the statement recorded under Section 164 Cr.P.C. Applicant used to come to NOIDA. Since victim's husband is residing in Saudi Arab. Applicant tried to commit the offence rape against the victim. Complaint was made on several occasions by the victim to her husband but no heed was taken by him.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Javed Mehdi involved in Case Crime No. 710 of 2018, under Sections 376, 354, 511 I.P.C., P.S. Sector 39 NOIDA, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2019 Sachdeva