Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. As per medical examination report, the complainant/prosecutrix is aged about 20 years and that her allegation that applicant has committed rape upon her on pretext of marriage is false and baseless. It was stated that in the first information report she has alleged that applicant was committing rape upon her since last 2-3 years on pretext of marriage but she did not lodge any report during that period. Further, it was pointed out that in first information report, it has been alleged that applicant committed rape upon her at his house whereas in her statement under Section 164 Cr.P.C. she has alleged that he committed rape upon at her house. It was submitted that as the applicant refused to marry with prosecutrix, this false case has been lodged against him by making false allegations of rape. It was further submitted that applicant is languishing in jail since 25.06.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that prosecutrix has made allegation of rape against applicant.
Considering the submissions of learned counsel for the parties, facts of the case, nature of evidence, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Nayeem Ansari @ Naheem Ansari involved in Case Crime No.190 of 2020, under Sections 376, 506 of IPC and 3/4 of Dowry Prohibition Act, Police Station C.B. Ganj, District Bareilly, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.1.2021 Mohit