Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50278 of 2017 Applicant :- Tabrez Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Diwan Saifullah Khan, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Tabrez Ahmad in Case Crime No.338 of 2016, under Sections 363, 366, 376, 506 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Kidganj, District-Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the victim, as per medical report based on ossification test, is aged above 18 years. In the F.I.R. it is stated that when the first informant along with his wife and victim had gone to temple to offer prayer, in the meantime, the applicant came on motorcycle and took his daughter along with him on his motorcycle. They raised alarm but he went away from the spot after extending threats. The victim was recovered after two days of the incident on 25.9.2016. In the statement recorded under Section 161 Cr.P.C., the prosecutrix stated that she had gone along with the applicant to Satna where they stayed for two days and admitted of having physical relations with him. She also stated that when no one was present in the house, the applicant used to come and establish physical relations with her. It is argued that under pressure of her parents, she changed her version under Section 164 Cr.P.C., though she admitted that she ran away with the applicant to Satna and stayed with him for about one day where the applicant forcibly established physical relations with her. Thereafter, her second statement was again recorded in which she has reiterated that she was in love with the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 27.08.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Tabrez Ahmad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.8.2018/MN/-