Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8737 of 2018 Applicant :- Khali Kujjma Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Shri Pradeep Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that F.I.R. of the incident has been lodged under order of the court passed under section 156(3) Cr.P.C. Further submission is that allegations levelled against applicant are false and frivolous. As a matter of fact, father-in-law of prosecutrix has filed a complaint case against prosecutrix and her lover Mainudeen in which applicant is a witness and on account of that fact, present F.I.R. has been lodged. Further submission is that prosecution does not find support from medical report as there is nothing adverse in it. Further submission is that applicant who is in jail since 20.12.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Khali Kujjma be released on bail in Case Crime No. 1047 of 2017, under Sections 376, 506, 427, 323 I.P.C., P.S. Kotwali, District Maharajganj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.3.2018 /Bhanu