Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3883 of 2019 Applicant :- Parvez Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant has been branded as assisting partner in the offence although the main accusation has been levelled against against the co-accused Nadim who committed rape on the victim. The applicant did not entice away the victim in any manner. The offence alleged under Sections 363, 366, 376 I.P.C. are not made out against the applicant. Only offence under Section 368 I.P.C. to some extent may be made out against the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 20.11.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Parvej involved in Case Crime No.329 of 2018, under Sections 363, 366, 368, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, Police Station Gounda, District Aligarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 rkg