Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49947 of 2017 Applicant :- Sabir Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Pratap Yadav, Pavan Kishore Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mahendra Pratap Yadav and Sri Pavan Kishore, learned counsel for the applicant, Sri Vijay Kumar Dubey, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Sabir Ali in Case Crime No. 668 of 2017, under Sections 376, 504 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Dhanghata, District- Sant Kabir Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Is is submitted that as per the medical report the victim is aged about 17 years. The F.I.R. was lodged after three days of the alleged incident. From the tenor and texture of the statement of the victim recorded under Section 164 Cr.P.C. the prosecution version of rape by the applicant in the dead hour of the night i.e. at about 3 A.M. after taking her in a nearby field does not appear to be truthful and probable. The prosecution version of rape is not supported by medical evidence. Lastly, it is submitted that there is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.06.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim is a minor girl and she has consistently stated about the commission of rape on her by the applicant after taking her to a nearby field at about 3 A.M. after pressing her mouth. Therefore, the applicant is not entitled to be released on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Sabir Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to 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.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
However, considering the fact that applicant is languishing in jail since 24.06.2017, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 25.9.2018 Vikas