Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8068 of 2019 Applicant :- Shadab Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Subhash Chandra Yadav, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Shadab with a prayer to enlarge him on bail in Case Crime No.1519 of 2019, under Sections 498A, 323, 354, 504, 506, 376 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station- Lisari Gate, District- Meerut.
It has been argued by learned counsel for the applicant that the applicant is the brother-in-law (Devar) of the prosecutrix-Smt. Rubeena. Due to matrimonial dispute, the applicant along with other family members have been falsely implicated in the present case. Earlier, the applicant along with other family members approached this Court by filing Criminal Misc. Writ Petition No. 30751 of 2018 (Dilshad and 7 others vs. State of U.P. and 2 others) in which interim relief has been granted to the rest of other family members of the applicant, but since there is allegation of commission of rape against the applicant, the direction of bail was given to the applicant by this Court on 29.10.2018. The prosecutrix has refused to get herself medically examined, hence the story regarding commission of rape on her appears to be false. In order to save herself, she avoided the medical examination. The applicant does not have any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 17.01.2019.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 25.2.2019 JK Yadav