Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant-Saleem Siddiqui for grant of bail, in Case Crime No. 340 of 2020, under Section 493 and 506 I.P.C, Police Station Kotwali Tanda, District Ambedkar Nagar, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the allegations which has been levelled in the F.I.R. and in the statement of the prosecutrix, recorded under Section 161 Cr.P.C., are patently false and could not be believed in the background of the fact that even if the statement of the prosecutrix and allegations in the F.I.R. are taken on its face value, the sexual relationship between the applicant and prosecutrix was of consensual nature and having regard to the allegations made above, the provision of Section 493 I.P.C. could not be attracted and it is hard to believe that she did not raise any objections for 03 long years.
It is further submitted that the Investigating Officer during the course of investigation has collected evidence, which primafacie shows that the prosecutrix is a women of easy virtue and is of the age of 43 years and prior to the alleged marriage with the applicant she had married twice and her earlier two marriages were dissolved. Thus false allegations have been attributed by prosecutrix against applicant.
It is further submitted that the Investigating Officer during the course of investigation has also visited the residence of the prosecutrix and observed with regard to the residence of the prosecutrix, as has been mentioned by him in the case diary that at the time of his inspection there were empty liquor bottles, cigarettes, match boxes and also that she was living alone. It has also been observed by the Investigating Officer that prior to the instant matter, she has also been lodged in the Aliganj Reform Home, Lucknow.
It is also submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 13.11.2020 and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant-Saleem Siddiqui involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.1.2021 Praveen