Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11411 of 2021 Applicant :- Nasim Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Anurag Pathak,Harshit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Sri Harshit Pathak, learned counsel for the informant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 349 of 2018, under Sections 376D, 342 & 506 of I.P.C., P.S. Devband, District Saharanpur.
As per F.I.R., lodged by the victim herself with the aid of application under Section 156(3), it has been stated that litigation is going on with her husband because of which she was staying at her parents house. On 18.03.2018 at about 08:00PM, when she was going with her mother to the house of her uncle and as soon as she reached near the house of the co- accused Amzad, the accused applicant Nasim, co-accused Gulzar and Amzad came out of the house armed with knife and forcibly dragged the victim inside the said house where rape was committed upon her in turn by all the three accused and she was kept in custody by them for about one hour.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the applicant is brother-in-law of the victim and he has been falsely implicated in the present case only because of family dispute, which is evident from the statement of Sitara Devi (mother of the victim) that a case was registered against the husband of the victim being Case Crime No. 88 of 2016, under Section 498A, 323, 504 & 506 of I.P.C. and 3/4 of Dowry Prohibition Act. It is further argued that there is no injury sustained by the victim as per medical examination report. The accused applicant has no criminal history; he is in jail since 22.12.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and argued that the victim has supported the prosecution version in her statement under Section 161 & 164 Cr.P.C.
Looking to the aforesaid facts, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Nasim involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.4.2021 VPS