Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50732 of 2017 Applicant :- Nazarul Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.,Pushpendra Singh
Hon'ble Aniruddha Singh,J.
None is present on behalf of complainant in revised list/call. Case is fixed today for hearing as peremptorily.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 17.5.2017 (after nine days of incident) by victim against applicant alleging that on 8.5.2017, he kidnapped her and a nikahnama was prepared forcefully and raped her.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to F.I.R. the nikahnama of victim was solemnized with applicant. Hence, she was consenting party. She had gone with applicant on her own sweet will and her consent. According to medical evidence, she was major and aged about 19 years. No injury was found on the body of victim. Statement of 164 Cr.P.C. was recorded on 14.6.2017, after 25 days of incident after thought and due legal consultation. There is no possibility to get this case decided in short period in future. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence. He is languishing in jail since 26.8.2017 (more than one year and eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Nazarul involved in Case Crime No. 217 of 2017, under Sections 420, 464, 376 IPC & Section 3/4 Protection of Children from Sexual Offences Act, Police Station Patwai, District Rampur 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2019 A. Singh