Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3032 of 2019 Applicant :- Mohammad Shadab Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Monis,Naushad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohd. Monis and Sri Naushad Ahmad, learned counsel for the applicant, Sri Mohd. Akbar Shah Alam Khan, learned counsel for the complainant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Mohammad Shadab in Case Crime No.1536 of 2018, under Sections 363, 366,376 I.P.C. and 3/4 of POCSO Act, Police Station Kotwali Nagar, District-Muzaffar Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per the medical report the victim is aged about 19 years and as per the F.I.R. she was at the verge of attaining majority. He further submits that in fact the applicant and victim had solemnized Nikah on 24.10.2018 which is also stated in the F.I.R. Subsequently, the father of the victim and the applicant have also entered into a compromise/divorce deed that both sides have decided that the applicant and the victim should terminate all their relations and it will be treated as divorce. No further action shall be taken in this behalf. However, the first informant still lodged F.I.R. falsely implicating the applicant. It is a case of consent. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 27.11.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the complainant vehemently opposed the prayer for grant of bail to the applicant but they could not dispute that at one stage both the sides have entered into a compromise that all the relations between the applicant and the victim shall stand severed. They could also not dispute that the victim is aged about 19 years and the F.I.R. was lodged after one month of the incident.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Mohammad Shadab be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.1.2019/MN/-