Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42081 of 2019 Applicant :- Sarfaraj Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.,Birendra Kumar Arya
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sarfaraj Ahmad, with a prayer to release him on bail in Case Crime No. 43 of 2019, under Sections 376-D, 504, 506, 120-B IPC, 3/4 POCSO Act and 3(2)(5) SC/ST, Police Station Bilariyaganj, District- Azamgarj, during pendency of trial.
Submission is that applicant has been falsely implicated in this case. The age of the victim, as per medical report, is 18 years. The FIR is delayed by one month. The applicant has been falsely implicated in this case. The applicant has no criminal history to his credit and he is languishing in jail since 17.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
learned counsel for the informant and learned A.G.A. have also opposed the prayer for bail of the applicant and has submitted that the applicant is a criminal and there is threat from the applicant that in case she proceeds with this case, she may be eliminated.
The applicant is directed to be released on bail in the aforesaid crime for the period of three months on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
List this bail application on 03.3.2020.
In case applicant abuse the bail, the informant shall be at liberty to file bail cancellation application or inform this Court about the same on the next date fixed.
Order Date :- 29.11.2019 Ruchi Agrahari