Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34635 of 2018 Applicant :- Mohd. Raza @ Raja Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A.,Amber Khanna,Raj Kumar Khanna
Hon'ble Rajul Bhargava,J.
Sri Sunil Kumar Mishra, learned counsel for the applicant has filed rejoinder affidavit, which is taken on record.
Counter affidavit has been filed by Sri Amber Khanna and Sri Raj Kumar Khanna, learned counsel for the informant, which is taken on record.
Heard Sri Sunil Kumar Mishra, learned counsel for the applicant, Sri Amber Khanna and Sri Raj Kumar Khanna, 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. Raza @ Raja in Case Crime No. 576 of 2012, under Sections 376 (2) G, 323, 506 I.P.C., Police Station- Gangoh, District- Saharanpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that the prosecutrix is aged about 40 years and is having grown-up children. The prosecution version of gang-rape by the applicant and two others does not find support from medical evidence. After thorough investigation final report was submitted on five occasions. The applicant and other co-accused have been summoned to face trial after rejection of the final report on a protest petition preferred by the informant. He further pointed out that the co-accused Ali Afazal has been enlarged on bail by a coordinate Bench of this Court vide an order dated 16.03.2018 in Criminal Misc. Bail Application No. 658 of 2018. Learned counsel for the applicant has further pointed out that the applicant has been falsely implicated in seven criminal cases including the present one. Final report has been submitted in five cases and the remaining case pertains to minor offence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.08.2018, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim has supported the prosecution version in her statements recorded under Section 161 and 164 Cr.P.C. and that the applicant has criminal history of seven cases. Therefore, the applicant is not entitled to be released on bail.
Taking into account that the similarly placed co-accused Ali Afazal has been enlarged on bail and the alleged criminal history of the applicant has been properly explained in the rejoinder affidavit, 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. Raza @ Raja 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 :- 18.9.2018 Vikas/-