Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16673 of 2019 Applicant :- Jeeshan Opposite Party :- State of U.P.
Counsel for Applicant :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Vijaya Shankar Shukla, learned counsel for the applicant, the learned A.G.A. and perused the record.
Briefly stated that an F.I.R. was lodged on 30.11.2018 at 15.37 hours under Sections 376, 323, 506 I.P.C. by the husband, Sri Bhoore, of the victim against the applicant Jeeshan alleging that on 29.11.2018 when he was not present at home, at about 9.00 P.M. applicant came to his house armed with weapon and on the point of weapon, applicant has taken away his wife to the jungle and raped her. That when she screamed, Misyar Khan and Riyasat Khan reached there, after seeing them the applicant ran away from the spot intimidating the victim that he will kill her. That when victim's husband, Sri Bhoore came to the house she told about the incident, then he lodged an F.I.R. in the police station Faridpur.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case; that place of occurrence is situated 120 meters away from the house of the victim; that it is quite amazing that nobody has seen the occurrence; that as per medical examination report neither internal nor external injury found on the body of the victim; that no spermatozoa either dead or alive found in the pathological examination; that victim has gone of her own will and choice and after arrival of her husband she lodged F.I.R. against the applicant; that except this four cases are also pending against the applicant, which are explained in Paragraph 11 of the bail application, wherein he has already been enlarged on bail. 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 2.12.2018.
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 Jeeshan involved in Sessions Trial No. 129/2019, Case Crime No.678/2018, under Sections 376, 323, 506 I.P.C., P.S.Faridpur, District Bareilly, 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 :- 26.11.2019 Vibha Singh