Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45430 of 2017 Applicant :- Mohd Shakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Madan Gopal Sharma,Ashish Jaiswal,Rajneesh Sharma,Sri A.B.L. Gaur Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed on behalf of the State by learned AGA and supplementary affidavit and rejoinder affidavit filed by learned counsel for the applicant are taken on record.
Heard Shri Madan Gopal Sharma, learned Senior Advocate assisted by Ms. Gauri Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is stated that personating himself to be a Hindu and promising to provide service and to marry, applicant took the victim girl to a hotel in Ghaziabad several times and established physical relationship with her. Applicant also took the victim girl to court and got her signature on some papers on premise of the same being with regard to their marriage while it were not as such.
Learned Senior Advocate appearing for the applicant submits that applicant is innocent and has been falsely implicated to pressurize him to part money. He further submits that F.I.R. has been lodged with delay of 10 months without any justifiable reason. He further submits that the victim girl is a matured girl, aged 19 years on the date of alleged incident, the relationship between her and applicant was more than of friendship as they visited several tourist places together with mutual consent. Family of the victim girl was also aware of the aforesaid relationship as elder sister of the victim girl had introduced the victim girl with applicant. He further submits that victim girl is still in touch with applicant as she has visited him several times in jail with his mother and other relative. Learned Senior Advocate further submits that physical relationship between applicant and victim girl being based on their mutual consent, no offence under section 376 I.P.C. is made out. He further submits that applicant who is in jail since 25.09.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that physical relationship between the victim girl and applicant was not on account of sweet will of the victim, it was on account of obtaining her consent by playing fraud upon her. He further submitted that there is evidence against applicant that he introduced himself as hindu and took the victim girl to a hotel several times and established physical relationship with her on the pretext of marrying her which he was never intended to fulfil. He further submitted that relationship between victim girl and applicant being not based on consent of the victim but on account of fraud played upon her, offence under section 376 I.P.C. is made out.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case, specially the age and statements of victim and without commenting on the merits of the case, I find that a case for bail is made out.
Let applicant Mohd Shakir be released on bail in Case Crime No. 1076 of 2017, under Sections 420, 376 I.P.C., P.S. Indirapuram, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2018 Bhanu