Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41705 of 2018 Applicant :- Pinku Alias Faiz Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Farooque Ansari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Rejoinder Affidavit, filed today, is taken on record.
Heard learned counsel for the applicant, Sri C.K Rajbhar, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Pinku alias Faiz, who is involved in Case Crime No.961 of 2018, under Sections 323, 376, 452 and 506 I.P.C., read with 3/4 PCSO Act, Police Station- Qwarsi, District-Aligarh, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number because of enmity; twelve persons have been added as accused and occurrence of rape has been said against the present accused-applicant of 13.7.2018 at 2:00 PM whereas in the statement recorded, under Section 164 Cr.P.C., the brother has been added, who had committed rape with the present accused-applicant, though statement, recorded under Section 161 Cr.P.C. is mere reiteration of the first information report; present accused-applicant has been held to be of 17 years of age age in the ossification report; she was major and has got a false case registered. Accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Having heard learned counsel for both sides and gone through the materials placed on record. It is apparent that first information report was got lodged against present accused-applicant for commission of offence of rape and subsequent events were assigned to other accused persons, named, from serial nos. 2 to 12 and same has been revised in the statement, recorded under Section 161 Cr.P.C., but subsequently in the statement, recorded under Section 164 Cr.P.C., one other accused, Raju, has been added for commission of offence of rape, along with present accused-applicant. This shows to be the material addition. Under all above facts and circumstances, without commenting on merits of the case, but considering the relevant facts of no criminal antecedents and previous enmity, the Court is of the view that a case for bail is there. Accordingly, this bail application is allowed.
Let the applicant, Pinku alias Faiz, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.5.2019 bgs/