Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27090 of 2018 Applicant :- Sabir Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.,Sudhanshu Kumar Singh
Hon'ble Vivek Kumar Singh,J.
Heard Sri Noor Muhaammad, learned counsel for the applicant, Sri S.K.Singh, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against co-accused Shamshad alleging that his minor sister aged about 14 years was enticed away by the co-accused Shamshad.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR. It is further contended that the applicant was working as contractor in the Bakery of the complainant and there was some financial dispute between the parties owing to which the applicant has been roped in the present case. It is also submitted that the victim in her statements recorded under sections 161 Cr.P.C. & 164 C.P.C. has specifically levelled the allegation of sexual assault against Shamshad. The victim had gone in the company of co-accused Shamshad out of her own volition and she was a consenting party. She had travelled several places with Shamshad and did not seek any help from the public to rescue her. In fact she had fallen in lave with co-accused Shamshad, who wanted to solemnize marriage with her. The applicant has no role to pay in the present case The victim has also not been medically examined. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 10.4.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Sabir Khan involved in Case Crime No. 283 of 2018, under Sections 363, 366, 370-A I.P.C, P.S. North, District- Firozabad be released on bail on hisr furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 6.9.2018 IA