Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant- Sharique @ Bhura @ Saddam, who is involved in Case Crime No. 564 of 2020, under Sections 323, 504, 506 and 376 I.P.C., Police Station- Najibabad, District- Bijnor.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case due to rivalry and date of incident has been mentioned in the FIR; that it is stated that she was having affair with present applicant Sharique and the victim solemnized marriage with Naushad about three years back and even after marriage she continued her relationship with the applicant Sharique and gave birth to a child subsequently divorced her husband; that in her statements recorded under Section 161 and 164 Cr.P.C. the victim has not supported the prosecution case and has stated that she wants to marry with the applicant; that the medical examination conducted on 2.11.2020 shows no sign of internal and external injuries on the body; that the victim is major and consenting party; that there is no independent witness of the alleged incident; that as per the allegations made in the F.I.R., no offence is not made out against the applicant. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 8.11.2020 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 12.2.2021 Md Faisal