Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23066 of 2019 Applicant :- Mohammad Mahtab Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravikant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Padmaker Pandey, learned Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Victim is aged about 20 years. If entire prosecution case is taken into consideration then also victim never made any complaint before this FIR. She herself has admitted that she was in contact with applicant since 2013 and physical sexual relations was established with her consent. At this juncture learned counsel for the applicant also referred to the statement recorded under Section 164 Cr.P.C. and argued that ingredients of the offence under Section 376 IPC is not attracted in the present matter. It was further argued that the applicant is married with the victim. When she made illegal demands, divorce was given to her. The applicant has no criminal history. He is languishing in jail since 23.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA as well as learned counsel for the informant argued that offence of rape was being committed by the applicant against the victim at the age of 14 years. Although FIR is lodged at the of 20 years but allegation levelled agaisnt the applicant ar true. Offence under Section 376 IPC is clearly made out. Victim has denied her signature on the Nikahnama. Applicant has also prepared Video and also uploaded on internet.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mohammad Mahtab involved in Case Crime No. 280 of 2018, under Sections 376, 506 I.P.C., P.S. Anwarganj, District Kanpur Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.5.2019 Sachdeva