Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17463 of 2019 Applicant :- Mohd. Firoz Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Girish Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. FIR was lodged by the victim herself and she has disclosed her age as 18 years in the FIR. In the medical evidence she was found aged about 20 years. Referring to the contents of the FIR as well as the statement of the victim recorded under Section 164 Cr.P.C. it is also argued that nothing was disclosed by the victim in the FIR regarding her stay at Bombay. For the first time in the statement recorded under Section 164 Cr.P.C. this fact was disclosed. It is further argued that victim is major. She eloped with the applicant at her own freewill and stayed for many days along with the applicant. No complaint was made at any point of time. Offence under Section 376 IPC is not attracted against the applicant. The applicant has no criminal history. He is languishing in jail since 26.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the 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. Firoz involved in Case Crime No. 295 of 2018, under Sections 363, 366, 342, 376 I.P.C., P.S. Sarai Mamrez, District Allahabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.4.2019/Sachdeva