Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7250 of 2019 Applicant :- Shahjahan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shahjahan has prayed to release her on bail in Case Crime No. 721 of 2018, u/s 376, 342, 328 120B I.P.C., P.S. Chandpur, District Bijnor.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and she has been falsely implicated in this very case crime number. Prosecutrix in her statement recorded u/s 161 Cr.P.C. has categorically stated that she came her home back from captivity of the applicant, whereas in the statement recorded u/s 164 Cr.P.C. her version is otherwise. In the statement u/s 164 Cr.P.C. it has been stated that she has been taken by Dilshad and she remained with Dilshad. She was brought to police station by Dilshad. She was a consenting party. Her age in her educational certificate is 23 years. In medical examination her age has been ascertained to be 19 years. The applicant has no criminal antecedent. There is no likelihood of fleeing from court of justice or tempering with evidence. Accused applicant being a lady has been assigned the role of summoning prosecutrix from her home to home of accused applicant whereas prosecutrix remained with accused Dilshad upon her own volition. Hence bail has been prayed for during trial.
Learned AGA has opposed the bail application.
From the very perusal of the F.I.R. it is apparent that the occurrence was said to be of 27.8.2018 at 18.30 hours and F.I.R. was lodged on 29.9.2018 at 22.30 hours. The taking away of prosecutrix by applicant Dilshad in connivance with four other accused persons on above date has been written in it but this was not reported prior to lodging of this report. The age of prosecutrix is written to be 16 years in the F.I.R., whereas in the medical examination she was held to be of 19 years. Her statements recorded u/s 161 and 164 Cr.P.C. are not in consonance with each other. Under above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shahjahan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Kamarjahan