Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38731 of 2019 Applicant :- Nisar Qureshi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Mohd. Ayyuq Hasan,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.,Firoz Haider
Hon'ble Ramesh Sinha,J.
Heard Sri N.I.Jafri, learned Senior Advocate, assisted by Sri S.I.Jafri and Sri M.A.Hasan, learned counsel for the applicant, Sri Firoz Haider, learned counsel for the complainant, Sri A.R.Chaurasia, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that admittedly, prosexutrix is a married lady and as per the medical examination report she is aged about 28 years. He further submitted that the FIR of the incident was lodged after one month of the incident, for which there is no plausible explanation. Although, the prosecutrix in her statement recorded under Section 164 Cr.P.C. has levelled allegation of rape against the applicant but the same has not been corroborated by any medical evidence and surrounding circumstances which totally belies the prosecution case as well as statement under Section 164 Cr.P.C. Her medical examination report does not show any mark of injury either internal or external, violence or sexual assault. The applicant is in jail since 15.6.2019.
Learned counsel for the complainant as well as learned A.G.A. vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Nisar Qureshi involved in Case Crime No.511 of 2019, under Sections 452, 376, 506 I.P.C., Police Station Gangoh, District Saharanpur be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
However, the trial Court is directed to expedite the trial and conclude the same preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.9.2019/NS