Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4357 of 2019 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant Saleem, who is involved in Case Crime No. 945 of 2018 under Sections 363, 366, 368, 376 IPC and Section 3/4 and 7/8 POCSO Act, Police Station Civil Lines, District Moradabad.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated in this case due to some ulterior motive. It has further submitted that victim in her statement recorded under Section 164 Cr.P.C. herself stated that she left her house on her own sweet will and solemnized Nikah with the applicant and they are living together as husband and wife. It has next submitted that according to the medical report, at the time of incident victim was about 20 years of age. It has further submitted that as per medical report there is no internal and external injury on the body of the victim. It has next submitted that the applicant has no other criminal history and is in jail since 07.12.2018 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released..
Let the applicant, Saleem, who is involved in Case Crime No. 945 of 2018 under Sections 363, 366, 368, 376 IPC and Section 3/4 and 7/8 POCSO Act, Police Station Civil Lines, District Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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 :- 30.1.2019 Pr/-