Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32303 of 2018 Applicant :- Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Meraj Ahmad Khan, learned counsel 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-Munna in Case Crime No.676 of 2018, under Section 376 I.P.C., Police Station Majhola, District-Moradabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that according to the prosecution when the victim was sleeping along with her mother in her house, the applicant is stated to have taken away her at 12 midnight to the nearby empty shop after pressing her mouth and raped her. It is argued that entire version set up by the prosecution is wholly false and concocted. The reality is that the applicant and victim were having love affair and when their affair came out in the open, the F.I.R. was lodged by the first informant. In para 21 of the affidavit filed in support of bail application, it is averred that the applicant is still ready to marry the victim. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 9.7.2018, 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 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-Munna 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 :- 28.8.2018 MN/-