Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48823 of 2018 Applicant :- Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Mullick Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Nadeem in connection with Case Crime No. 279 of 2018 under Section 376, 323, 504, 506 IPC, P.S. Nauchandi, District Meerut.
Heard Sri Anil Mullick, learned counsel for the applicant, Sri Kaushal Pandey, Advocate has put in appearance on behalf of the complainant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that a perusal of the statement of the prosecutrix under Section 164 Cr.P.C. shows that the prosecutrix, who is a matured woman of 36 years and a widow, was into a relationship with the applicant. She has said that the applicant had a long term physical relationship with her with a promise to marry her but he postponed the marriage on the one pretext or the other, and, lateron, he refused. The submission of learned counsel for the applicant is that the aforesaid stand of the prosecution throughout, clearly shows that it is a case of relationship between two matured persons which did not work out in the end, and, it is not a case where the applicant had an intention to cheat at the inception of a relationship.
Learned counsel appearing on behalf of the complainant and the learned AGA have vehemently opposed the plea for bail with the submission that the applicant has gained sexual intimacy by a false promise to marry.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, looking to the fact that the parties are of matured years, the fact that admittedly the two were into a relationship for about a period of six years or more, and, the fact that there no are signs of sexual violence noticed in the medico legal report, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Nadeem involved in Case Crime No. 279 of 2018 under Section 376, 323, 504, 506 IPC, P.S. Nauchandi, District Meerut be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 19.12.2018 Deepak