Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43425 of 2021 Applicant :- Mohd. Aasif Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Pratap Singh,Tej Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant is not named in FIR, which was lodged against Mohd Zaid and Arman. It has been pointed out that in her statement under Section 161 Cr.P.C., victim has stated that on 09.6.2021, applicant along with his wife has come at her home as he is his distant relative and that on 10.06.2021 he took her to Unnao and he kept her confined for four days and on fifth day she came to her home. She has stated that applicant has not done any bad/foul act with her. Similarly in her statement under Section 161 Cr.P.C., she has made same allegations and she has also stated that she was in love with co-accused Zaid. When she was enquired as to why she has gone with applicant, she has stated that she does not know. It was submitted that there is no allegation of rape or molestation against applicant and that Section 366 IPC is also not made out against applicant and that age of victim is about 17 years. It has been submitted that the applicant is languishing in jail since 20.06.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Mohd. Aasif involved in Case Crime No.270 of 2021, under Sections 363, 366, 343 IPC, P.S. Bhoganipur, District Ramabai Nagar (Kanpur Nagar), be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj