Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6566 of 2019 Applicant :- Sahroon Opposite Party :- State Of U.P.
Counsel for Applicant :- Avadh Pratap Singh Shishodia Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant who is involved in case crime no. 343 of 2018, under Section 376-D I.P.C., P.S. Singhawali Ahir, District-Baghpat, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the F.I.R. was lodged by the father of the prosecutrix after complete information of the alleged occurrence, but there is no whisper in the F.I.R. about committing rape. It is further submitted that there is no evidence on record in support of allegations as levelled in the impugned F.I.R. that obscene video clips and photographs of the victim were uploaded on the internet. It is further submitted that though the allegation of getting the alleged video clips and photographs viraled has been levelled against the accused persons, but no such video clips are available on record. It is further submitted that co-accused Fariyad has been granted bail by this Court by order dated 02.01.2019 in Criminal Misc. Bail Application No. 46808 of 2018. The case of the applicant stands on similar footing to the co-accused Fariyad, therefore, the applicant is also entitled to be released on bail. The applicant is languishing in jail since 05.12.2018 and undertakes that he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail but submitted that as per instructions received to him some photographs were given by the victim to the Investigating Officer but it has not come on record that any video clips as alleged by the prosecution was ever uploaded on the internet.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sahroon be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date 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 applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.2.2019/AKT