Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43980 of 2018 Applicant :- Kaale @ Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Kaale @ Usman seeks bail in Case Crime No. 199 of 2018, under Sections 363, 366 IPC, P.S. Chhajlet, District- Moradabad.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of the Court towards the statement of the victim under Section 164 Cr.P.C, in which she has categorically stated that she out of her own free-will and consent had gone with applicant- Kaale @ Usman and he has not forcibly taken her away. She is aged about 18 years and the applicant has not kidnapped her. Lastly, it is submitted that applicant is in jail since 25.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid fact and that the applicant is in jail since 25.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Kaale @ Usman be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.11.2018 KU