Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44953 of 2018 Applicant :- Nurain Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Nurain in connection with Case Crime No. 197 of 2018 under Section 376D, 452, 323, 506, 120B IPC P.S. Dilari, District Moradabad.
Heard Sri Ram Kumar Dubey, learned counsel for the applicant and Sri D.P.S. Chauhan, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that so far as the applicant is concerned, the role assigned to him by the prosecutrix in her statement under Sections 164 and 161 Cr.P.C., and, also in the FIR, is one standing guard outside the door where co-accused Parvez and Tanjeem are alleged to have ravished her. It is also argued that the co-accused Parvez is married to the sister of the prosecutrix, going by the name Fatima. In this connection, learned counsel for the applicant has invited the attention of the Court to the marriage registration certificate dated 19.07.2018 issued under the Uttar Pradesh Marriage Registration Rules, 2017 by the Marriage Registration Officer, Moradabad. It is submitted that the prosecutrix's sister Fatima married Parvez, the main accused contrary to the wishes of the family, and, it is on that account that at the instigation of the family of the prosecutrix, the prosecutrix has come up with the statement under Section 164 Cr.P.C. given in aid to the FIR lodged by her mother, who is also the mother of the co-accused Parvez's wife. The said plea has been asserted for a fact in paragraph no. 15 of the affidavit in support of the present application. It is further argued that there is nothing in the medico legal report which may corroborate a case of rape.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the role assigned is one of standing guard and not of committing rape besides the further fact that the main accused Parvez has married the prosecutrix's sister against the wishes of the family, but without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
Let the applicant Nurain involved in Case Crime No. 197 of 2018 under Section 376D, 452, 323, 506, 120B IPC P.S. Dilari, District Moradabad be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.11.2018 Deepak