Certified/free copy of bail rejection order dated 25.11.2020 has been filed today which is taken on record.
Heard Sri Shamsudding Ahmad, learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. It is further submitted that applicant has not committed any offence as alleged in the first information report. The first information report was lodged after three days of the alleged incident, as the incident was alleged to be occurred on 01.08.2020 whereas the first information report was lodged on 04.08.2020. The statement of victim was recorded under section 164 Cr.P.C. in which she has stated that she went with the applicant with her own will and solemnized marriage with him. As per medical certificate the age of the victim is 19 years. It is further submitted by learned counsel for the applicant that the victim is major and as per statement of victim under section 161 Cr.P.C. and 164 Cr.P.C she is consenting party and no offence is made out against the applicant. It is further submitted that there is no chance of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. He next submits that the applicant is in jail since 26.10.2020 and if released on bail, he will not misuse the liberty of bail.
Per contra, learned AGA opposes the prayer for bail but could not dispute the aforesaid arguments as raised by the learned counsel for the applicant.
Upon hearing the learned counsel for the parties and upon the perusal of the 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. The bail application is allowed.
Let applicant Sami @ Shahzad be released on bail in Case Crime No. 280 of 2020 under Sections 363/506 IPC, registered at Police Station Fatehganj Paschimi, District Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the 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 activity.
(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 the 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 :- 11.1.2021 Vikram