Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8650 of 2019 Applicant :- Sajjaq Hussain Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that according to the prosecution story the alleged incident had taken place on 14.11.2018, and the FIR was lodged on 15.11.2018 in which it was held that on that date in the evening the informant has gone to Bithri village for purchasing milk and his wife was alone at her home and his family members were living in Lucknow and there they were doing labour work seeing the absence of the informant his cousin brother, i.e. the applicant resident of the same village entered into his house and committed rape on his wife, thereafter he fled away from the place of occurrence, when the informant came to his house the victim narrated the entire story and he went to police station and lodged FIR against the applicant on the next date i.e. 15.11.2018 at 2.00 p.m. It is further contended by the learned counsel for the applicant that the statement of the victim was recorded on the same day under section 161 Cr.P.C. She was produced before the District Hospital for her medical examination, Investigating Officer made several attempts to produce the victim before Magistrate concerned for recording her statement under section 164 Cr.P.C. and she always refused to do so for which Investigating Officer moved an application before the Court on 25.11.2018 for recording her statement under section 164 Cr.P.C. in pursuance of which the victim was produced before the Court on 26.11.2018 and her statement was recorded under section 164 Cr.P.C. The statement of the doctor who conducted medical examination was also recorded under section 161 Cr.P.C. and according to the opinion of the doctor no rape was committed on the victim thus, it is contended that the total story of the prosecution is false and fabricated to rope in the present applicant. It is further contended that the charge sheet has already been submitted against the applicant on 8.12.2018 and the applicant is innocent and has been falsely implicated in the said crime and the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 7.12.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sajjaq Hussain be released on bail in Case Crime No.433 of 2018, under Sections 452, 376, 506 IPC, P.S.- Bithri Chainpur, District-Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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.
Order Date :- 27.2.2019 Harshita