Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23541 of 2019 Applicant :- Julfakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed by Sri V.K.Rajbhar, learned A.G.A. and rejoinder affidavit filed by Sri Aditya Prasad Mishra, learned counsel for applicant, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case due to malice; that there is 7 days delay in lodging the F.I.R. and no explanation for the same is placed on record; that statements of complainant, Smt. Sajma, Shaukeen (father of victim Sameer) and victim Sameer were recorded under section 161 Cr.P.C. are not supporting the F.I.R.; that as per medical evidence, no injury was found on the body of victim Sameer; that this is a false case lodged against him with collusion of his wife and police to make pressure upon him to compromise the matrimonial case between the applicant and his wife, which is pending at District Moradabad and Baghpat; that complainant is the sole reason for disturbing the matrimonial life of applicant and his wife; that wife of applicant and complainant were fast friend; that there is no independent witness for supporting the prosecution case; that age of the applicant is 45 years having no criminal history except the matrimonial cases initiated by his wife against him and his family members. 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 18.04.2019.
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 Julfakar involved in Case Crime No.148 of 2019, under Sections 377, 506 I.P.C. and 3/4 of POCSO Act, 2012, P.S.Khekra, District Baghpat 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.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
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 :- 31.7.2019 Vibha Singh