Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54144 of 2021 Applicant :- Mohammad Abdulla Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Malviya,Syed Fahim Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Syed Fahim Ahmed, learned counsel for the applicant and Sri Janardhan Prakash, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Mohammad Abdulla with a prayer to release him on bail in Case Crime No. - 63 of 2021, under Sections - 376, 506 and 352 IPC, Police Station - Mahila Thana , District - Prayagraj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 22.10.2021, the applicant is in confinement since 14.11.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) though investigation is pending yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the victim was about 23 years of age on the date of occurrence. She had married the applicant of her own free will. Reliance has been placed on the Nikahnama dated 14.3.2020. Thus, wholly false allegations are stated to have been made in the FIR though there is no material to doubt the existence or genuineness of Nikahnama.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Prakhar