Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4079 of 2019 Applicant :- Mohammad Yunus Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Ho'ble The Chief Justice vide order dated 29.01.2019.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.) learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 6.7.2017 after two months and eight days of the incident on the basis of an application under Section 156 (3) Cr.P.C. against two accused persons, namely, Yunish and Jakir alleging that on 28.4.2017 they raped the complainant.
Learned counsel for the applicant submitted that applicant is languishing in jail since 11.12.2018 (more than two and half months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; statement before the court of prosecutrix Shabana was recorded as P.W.1 in which she admitted that she is 35 years of age, and she has stated nothing against the applicant and turned hostile, other witnesses of fact have also not supported the prosecution case hence no offence under Section 376 I.P.C. is made out against the applicant; there is no independent witness and 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 Mohammad Yunus involved in Case Crime No. 608 of 2017, under Section 452, 376-D, 506 IPC, Police Station-Khurja Nagar, District-Bulandshahr 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 :- 29.1.2019 OP