Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41588 of 2018 Applicant :- Saddam Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Zia Naz Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Ms Zia Naz Zaidi, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Saddam Khan in S.T. No.449 of 2018 (State Versus Saddam) arising out of Case Crime No.13 of 2018, under Sections 376 I.P.C., Police Station Chandaus, District-Aligarh with the prayer to enlarge him on bail.
This is second bail application. First bail application was rejected by this Court on 24.08.2018 on merits.
The fresh ground on which the bail is being sought, is that the statement of the prosecutrix has been recorded during trial wherein she has not supported the prosecution case and also admitted that divorce has taken place between her and her husband. She has further stated that no such incident taken place. Learned counsel for the applicant has further stated that her husband had already instituted a complaint against parents of the prosecutrix in which they have been facing trial. Now, the prosecutrix has settled her dispute with her ex-husband. As she has not supported the prosecution case, the possibility of conviction of the applicant in the instant case is, too, remote. She has further submitted that it is a case of no evidence as though it is alleged that when offence was committed, she has jumped into the house of neighbours i.e.Abdul Salam and Smt. Kallo. However, the said witnesses have also examined before the court below and they have stated that no such incident has taken place. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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-Saddam Khan 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.
Order Date :- 28.2.2019/MN/-