Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46256 of 2020 Applicant :- Rauf Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Faiz,Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Irshad Ahmad, learned counsel for the applicant, learned A.G.A for the State through video conferencing.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that victim is major. F.I.R. was lodged on the basis of false facts. Although she has supported the prosecution version in the statement recorded under Section 164 Cr.P.C. but when she was examined before the trial court as PW-1, she did not support the prosecution case. She was declared hostile on the request of prosecution. Nothing has come out in the cross examination of the victim made by the public prosecutor. No prima facie case is made out against the applicant. Criminal case shown as criminal history is relating to minor offence. It is further submitted that although at the time of filing of bail application, applicant was not aware of the pendency of the criminal case against the applicant but he has not explained the criminal history. He is languishing in jail since 15.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rauf involved in Case Crime No. 351 of 2020, under Sections 323, 376, 450, 506 IPC, P.S. Mainather, District - Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.10 16:42:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad