Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20785 of 2016 Applicant :- Rahat Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Javed Habib,Ashiyam Nasir,Shabeena Begum Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri Syed Faiz Hasnain learned counsel for the applicant, Sri Sandeep Kumar Srivastava learned counsel for the informant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that initially the F.I.R. was lodged under Section 323, 504, 452, 506 IPC alleging that the accused application and other co-accused persons had committed criminal assault on the first informant and his family members by fists and kicks but there is no whisper about the attempt of rape but subsequently, three ladies, who are said to have sustained injuries, alleged offence of rape by the applicant and other co-accused. It is argued that allegation of committing rape against the present applicant is upon Rukhsar but her medical report does not indicate any injury on the private part of the victim nor any such injury which may be indicative of such offence. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has no criminal history and the applicant is in jail since 10.6.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail. It is next contended that there is no likelihood of the trial to be concluded in near future.
It is lastly contended that similarly situated co-accused Varah @ Alam and Bahadur Ali have already been granted bail by another Bench of this Court vide orders dated 04.4.2017 and 06.12.2017 passed in Criminal Misc. Bail Application Nos. 36630 of 2015 and 44566 of 2015. It is further contended that similarly situated co-accused Mohammad Khalid against whom allegation of rape is said to have been made by Km. Muskan has been granted bail by this Court vide order dated 04.5.2018 passed in Criminal Misc. Bail Application No. 20800 of 2016, photo copy of which order has been produced before this Court, which is being taken on record.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Rahat Ali, involved in case crime No.278 of 2015, under Sections 147, 148, 323, 308, 452, 504, 506, 376(D) IPC, police station Hasanpur, district Amroha(J.P. Nagar) be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall appear on 15th of every month before the police station concerned to show his good conduct and behaviour.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 31.5.2018 faraz