Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7245 of 2018 Applicant :- Sarif@Sharif Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chand,Ajay Kumar Pathak,Imran Mabood Khan Counsel for Opposite Party :- G.A.,Wahid Jamal
Hon'ble Aniruddha Singh,J.
The case is fixed today for hearing as peremptorily. Sri Wahid Jamal, learned counsel for the complainant is not present even in the revised call/list.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
Learned A.G.A. as well as learned counsel for the applicant submitted that bail application of co-accused is not pending.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case and is languishing in jail since 19.9.2017 (one year and ten months) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this cased decided in near future. According to medical examination of the prosecutrix, hymen was found intact. Copy of medical report is annexed at page 44 of the bail application. According to F.I.R. itself, the age of the prosecutrix is 19 years. Prosecutrix is major. No offence under Section 376 I.P.C. is made out against the applicant. Other co-accused have been enlarged on bail. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sarif@Sharif involved in Case Crime No. 645 of 2017, under Section 376, 504, 506 IPC, Police Station- Sikandrarau, District- Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2019 OP