Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1220 of 2019 Applicant :- Shajid Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Case Crime No.371 of 2018, under Sections 363 I.P.C., Police Station Khanpur, District Bulandshahr, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that FIR was lodged after three days on 29.08.2018 with regard to alleged incident dated 26.08.2018. The victim was recovered on 30.08.2018, but she refused to get her medical examination conducted. Thereafter her statement under section 164 Cr.P.C. was recorded on 01.09.2018, in which she has disclosed that applicant is known to her since last two years and they were having interaction with each other on mobile phone but when her parents came to know about her relation with the applicant they have snatched her mobile phone. It is also submitted that ossification test of the victim has also not been done in this case and considering the statement under section 164 Cr.P.C. of the victim, only conclusion can be drawn that she was consenting party with the applicant. It is further submitted that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. The applicant is languishing in jail since 31.08.2018.
Per contra, learned Additional Government Advocate has opposed the application for bail.
Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shajid, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide 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 activities.
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 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 31.7.2019 SKD