Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28991 of 2017 Applicant :- Shakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The present 2nd bail application has been moved for enlarging the applicant Shakir on bail in Case Crime No. 115 of 2016, under Section 376 I.P.C.., PS-Milak Khanam, District-Rampur.
Prosecution story in brief is that Kumari Nagma is the first informant. Her co-villager applicant Shakir had developed physical relationship with her under the pretext that he will perform Nikah with her. When victim/first informant asked him to marry, then he refused to do so. F.I.R of the aforesaid incident was lodged against the applicant and after investigation charge sheet was submitted.
It is contended on behalf of applicant that the first bail application moved on behalf of applicant was not decided on merit and it was dismissed as not pressed. It is next contended that prosecution story is not in consonance with medical evidence. It is next contended that there are material contradictions in the statement of Km. Nagma recorded under Section 161 Cr.P.C. and 164 Cr.P.C. It is further contended that during trial statement of PW1 Km. Nagma (prosecutrix) was recorded and she has not supported the prosecution story and resile from her previous statements and turned hostile. It is next contended that applicant is languishing in jail since 02.07.2016 and he has no previous criminal history.
On the other hand learned A.G.A. has opposed the prayer for grant of bail to the applicant. However, he admitted that applicant has no previous criminal antecedents and prosecutrix during trial has not supported the prosecution story and resile from her F.I.R. version.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Shakir be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
It has been brought to the notice of the Court that fact witness prosecutrix PW1 Km. Nagma has already been examined before the trial court and trial is under progress and is at the final stage.
Considering the facts and circumstances, the court below is directed to expedite the trial and all endeavours be made to conclude the trial expeditiously if possible within three months after receipt of the certified copy of this order without granting unnecessary adjournment to either of the parties.
Order Date :- 23.2.2018/AKT