Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47848 of 2019 Applicant :- Subhanurehman Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit on behalf of applicant and counter affidavit on behalf of State have been filed today. Taken on record.
2. Heard Sri Rajiv Sisodia, learned counsel for the applicant as well as Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Subhanurehman with a prayer to release him on bail in Case Crime No. - 265 of 2019, under Sections - 366, 368 IPC, Police Station - Kiratpur, District - Bijnor, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction to force marriage, punishable with imprisonment of ten years;
(ii) against FIR lodged on 24.7.2019, the applicant is in confinement since 2.8.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending against some of the co-accused persons, however, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period, inasmuch as, the victim girl has already been recovered.
(vi) on prima facie basis only, it may be noted, according to the applicant, in her statement recorded under Section 161 Cr.P.C., no specific allegation has been made by the victim against the applicant.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Prakhar