Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28314 of 2018 Applicant :- Mohd. Furqan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vaibhav Kaushik,Faridul Hasan Usmani Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vaibhav Kaushik and Sri Faiz Khan, learned counsels for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Mohd. Furqan in Case Crime No.03 of 2018, under Sections 323, 376, 377, 452, 504 and 506 I.P.C., Police Station Ganj, District-Rampur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that admittedly the prosecutrix is aged about 22 years. The applicant has been falsely implicated in the present case for an ulterior motive. In fact, as per the statement of the prosecutrix, the applicant and prosecutrix have established consensual relations for past one year and at least 5-6 occasions she had become pregnant and at the insistence of the applicant, she consumed unwanted 72 pregnancy capsules for aborting pregnancy. It is argued that manner in which the prosecutrix has narrated entire incident clearly indicates that it is a case of consensual sex relations of the victim with the applicant. As per medical report also, the prosecutrix is aged about 22 years. It is urged that prosecutrix wanted to marry the applicant but subsequently on account of some differences with her, the applicant did not accede to her request, thereafter he has been implicated in this false case. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.02.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that statement of the prosecutrix is very natural but he could not place any document indicating that pregnancy was got aborted 5-6 times at the insistence of the applicant as alleged by the prosecutrix.
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. Furqan 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 :- 30.7.2018 MN/-