Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47755 of 2018 Applicant :- Nassu Shekh Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Taj Mohammad Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Affidavit of compliance has been filed by the learned A.G.A. on behalf of C.M.O., Allahabad today is taken on record.
Heard Sri Syed Taj Mohammad Rizvi, learned counsel for the applicant, Sri Nagendra Kumar Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Nassu Shekh with a prayer to enlarge him on bail in Case Crime No.296 of 2018, under Sections 363, 366, 506, 370, 376 I.P.C., Police Station- Kareilly, District- Allahabad.
It has been argued by learned counsel for the applicant the applicant is innocent person and aged about 60 years and so called 'Nana' by the children of the area. As per the version of the F.I.R., the prosecutrix-Km. Rubina was enticed away by the applicant, who is her neighbour and resides near the house of prosecutrix. There are contradictions in her statements recorded under Sections 161 and 164 Cr.P.C.. The statement of the prosecutrix under Sections 161 and 164 Cr.P.C. seems to be concocted one as the prosecutrix states that she had been travelling from one place to another and remained with the applicant for about two days, but did not raise any alarm nor there is any evidence that she tried to escape from the clutches of the appellant. The learned counsel for the applicant further submitted that the mother of the prosecutrix was advised by the applicant to get her marry settled, which she took in a negative manner and has lodged the present F.I.R. with false and frivolous allegations. As per the medical examination report, the prosecutrix is aged about 18 years and has refused to get herself internal examination conducted, copy of which report has been annexed as Annexure 2&3 to the affidavit accompanying of bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 25.06.2018.
Learned A.G.A. 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 well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
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 order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 JK Yadav