Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in F.I.R. No. 196 of 2019, under Sections 366, 376 I.P.C., Police Station Kachhauna, District Hardoi, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 08.06.2019.
It has been submitted by the learned counsel for the applicant that the younger brother of the applicant and the prosecutrix were in love relation. It is the admitted case of the prosecution that younger brother of the applicant Jamal had gifted a mobile phone to the prosecturix, through which, they were making conversation. Learned counsel for the applicant has further submitted that since the applicant was opposing the relation between the prosecutrix and his younger brother, he was falsely implicated by the mother of the prosecutrix.
The statement of the prosecutrix was recorded under Section 164 Cr.P.C., from which it reveals that on the date of incident, applicant came to the house of prosecutrix and informed her that Jamal and prosecutrix may go to Delhi. On the said assurance, prosecutrix went to railway station, but in between, she was molested by the applicant and thereafter, she was left alone. Thereafter, she went to the railway station, Balamau, from where the police personnel made a call to her family members.
Submission of the learned counsel for the applicant is that call details of the prosecutrix was not investigated by the Investigating Officer.
It has also been submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the applicant outraged the modesty of the prosecutrix, but has fairly conceded that the younger brother of the applicant had gifted mobile phone to the prosecutrix and they were in conversation continuously.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Riyazuddin @ Chhotu be released on bail in F.I.R. No. 196 of 2019, under Sections 366, 376 I.P.C., Police Station Kachhauna, District Hardoi, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 20.12.2019 VKS