Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39611 of 2019 Applicant :- Mahmood Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Singh,Indrakesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sanjay Kumar Singh, learned counsel for the applicant, learned A.G.A. for State and perused the record.
This application for bail has been filed by the applicant Mahmood Ahmad seeking his enlargement on bail in Case Crime No. 0214 of 2019, under Section 376 I.P.C., Police Station Mahuli, District Sant Kabir Nagar, during the pendency of the trial in the above mentioned case crime number.
It transpires from the record that an incident occurred on 13.6.2019, in which the daughter of the first informant is alleged to have eloped with the applicant. In respect of the aforesaid incident, an F.I.R. dated 22.6.2019 was lodged by Smt. Sayara Khatoon, mother of the victim and was registered as Case Crime No. 0214 of 2015, under section 376 I.P.C., P.S. Mahuli, District Sant Kabir Nagar. In the aforesaid F.I.R., the applicant has been nominated as the solitary named accused. Subsequent to the aforesaid F.I.R., the statement of the victim has been recorded under section 161 Cr. P. C. on 23.6.2015 and thereafter under section 164 Cr. P. C. on 3.7.2019. In both the statements, the victim has supported the prosecution story as unfolded in the F.I.R.
Learned counsel for the applicant submits that the victim is aged about 20 years. Statement of the first informant was recorded under section 161 Cr. P. C., as such, the victim is major and therefore she was consenting party. Consequently, the applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. opposed the prayer of bail but could not dispute the factual and legal submissions urged by the learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Mahmood Ahmad be released on bail in the aforesaid Case Crime Number on his 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 not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
Accordingly, the instant bail application is allowed.
Order Date :- 30.9.2019 HSM