Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22381 of 2019 Applicant :- Naushad Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Naushad seeking bail in Case Crime No.368/2017 under Sections 363, 366 IPC, Police Station Bhagatpur, District Moradabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the medical certificate issued by the C.M.O., Moradabad, the victim has been found to be 19 years of age. He has next drawn the attention of the Court towards the statement of the victim recorded under section 164 Cr.P.C. in which she has stated that she had gone with Naushad on her own free will and volition and solemnised marriage with him and wants to live with the applicant Naushad. In fact the First Information Report was got lodged by his brother on absolutely false and concocted allegations. Lastly, it is submitted that applicant has no criminal history to his credit and he is in jail since 16.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by means.
Per contra, learned AGA for the State has opposed the prayer for bail and could not dispute the aforesaid facts and the fact that in the statement recorded under section 164 Cr.P.C. the victim has stated that she had gone with the applicant on her own free will and volition and solemnized marriage with him and the fact that applicant is in jail since 16.5.2019 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Naushad 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 the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.5.2019 Rk