Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20431 of 2021 Applicant :- Julfan Opposite Party :- State of U.P.
Counsel for Applicant :- Vikrant Pandey,Prasoon Kumar,Shantanu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant who is involved in case crime no.534 of 2020, under Section 366 IPC, Police Station-Behat, District-Saharanpur is seeking enlargement on bail during the trial.
Pursuant to the earlier order of the Court dated 27.09.2021, Mr. Nitin Kumar, Investigating Officer of the case, police station Behat, District Saharanpur is present in the court along with case diary and informed the Court that victim has been recovered on 21.10.2021 and her statement under section 161 Cr.P.C. recorded.
Submission made by learned counsel for the applicant is that the FIR was lodged by Dilshana against three named accused persons including the applicant Julfan.
I have perused the statement of the victim in which she has stated that she has got married with co-accused Muntazir and she got a daughter of two months, though Muntazir is already a married man and have two kids from his first wife. The victim in her statement has given clean chit to the applicant Julfan. Major thrust of allegation is on co-accused Muntazir. Case of Co-accused Muntazir stands on different footing. It is next contended that applicant has never misused the liberty of bail. The applicant is languishing in jail since 25.01.2021.
Learned A.G.A. opposed the prayer of bail but not disputed the statement of the victim recorded under section 161 Cr.P.C.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., I find it to be a fit case for bail.
In view of the above, let the applicant- Julfan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no.534 of 2020, under Section 366 IPC, Police Station-Behat, District-Saharanpur with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
The presence of Shri Nitin Kumar, Investigating Officer is exempted till further orders.
Order Date :- 25.10.2021 SFH