Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48470 of 2017 Applicant :- Maqsood Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Pranesh Kumar Mishra, learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 28.4.2017, he kidnapped the daughter of the complainant for marriage and raped the prosecutrix. According to medical report, hymen was found intact.
Learned counsel for the applicant submitted that applicant has been falsely implicated due to counter blast and languishing in jail since 1.6.2017 (more than one year and ten months) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. Nothing was done by the applicant about sexual act. The prosecution version is not corroborated with the medical report and it appears that nothing has been done by the application with the prosecutrix. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Maqsood involved in Case Crime No. 140 of 2017, under Sections 376 & 511 IPC and Section 5/6 of POCSO Act, Police Station-Rampur Karkhana, District-Deoria be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2019 OP