Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34473 of 2017 Applicant :- Mohd. Faheem Opposite Party :- State Of U.P.
Counsel for Applicant :- P.H. Vashishtha, Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava
Hon'ble Rajul Bhargava,J.
Heard Sri Manish Tiwari & Sri Vikas Rana, learned counsels for the applicant, Sri Ajay Kumar Srivastava, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Mohd. Faheem in Case Crime No. 39 of 2017, under Sections 363, 366, 376 & 506 I.P.C., Police Station- Jahanabad, District- Pilibhit with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the first information report in the present case was lodged on 29.01.2017 by the father of the prosecutrix with the allegations that the applicant and other named unknown accused had kidnapped his minor daughter, who is aged about 19 years, after enticing her. It is further averred in the F.I.R. that the victim had taken Rs.50,000/- cash and some jewellery along with her. The victim was recovered by the police on 03.02.2017 and her medical examination was conducted on 04.02.2017. In the medical report, no marks of external injury was found present on the body of the victim at the time of examination. Her age as per the radiological examination was determined to be 18 years. It is submitted that in fact the applicant is the friend of co-accused Shakel with whom the victim was in love and they wanted to marry with each other but it was not acceptable to the first informant and her family members. The co-accused Shakel and the prosecutrix have also performed Nikah in Jaipur, copy of the Nikahnama has also been annexed as annexure-2 to the affidavit filed in support of the bail application. Lastly, it is submitted that under pressure from the first informant and other family members, the prosecutrix has levelled allegation of rape on the applicant and the co-accused Shakel in her statement recorded under Section 164 Cr.P.C. No useful purpose would be served of detaining him any further. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.07.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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- Mohd. Faheem 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 :- 12.9.2018 Vikas/-