Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34454 of 2021 Applicant :- Mohammad Saif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.238 of 2021, under Sections 354Ka, 354Kha, 504, 506 I.P.C. and section 7/8 POCSO Act, Police Station Kutubsher, district Saharanpur.
The first information report of this incident was lodged by the father of the alleged victim and it was mentioned in the FIR that the daughter of the complainant was taking tuition in Sardar Manpreet Coaching Centre where she met with the present accused Mohd. Shaif and Sohail Gaur. It was further mentioned in the FIR that both the accused were talking with the daughter of the complainant and they were chatting with her on Instagram and Facebook and they had taken photographs of the daughter of the complainant and they were trying to blackmail. On 18.7.2021 they called the daughter of the complainant and took her in forest and misbehaved with the daughter of the complainant and had taken obscene photograph of her. They had also pressuzed her to adopt muslim religion and if she should not adopt the muslim religion, she will be killed and thereafter the alleged victim returned her house and she narrated the entire incident to her family members.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is languishing in jail since 20.07.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties and period of detention in jail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mohammad Saif involved in the aforesaid crime be released on bail on executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 AU