Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14475 of 2019 Applicant :- Taj Mohammad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Iqbal Farooqui,Prabha Shanker Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Prabha Shanker Bharti, 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-Taj Mohammad in Case Crime No.3556 of 2018, under Sections 363, 366, 376 I.P.C. read with Section 3/4 of POCSO Act, Police Station Sahibabad, District-Ghaziabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated in the present case. As per the medical report based on ossification test, the prosecutrix is aged about 18 years. He has further submitted that version set up by the prosecutrix that she was taken forcibly on a motorcycle after tying her is apparently improbable and unbelievable. No external injury has been noted in the medical report. She has refused for her internal examination as is noted by the Board of Doctors. The possibility of the prosecutrix being a consenting party from overall facts and circumstances of the case cannot be ruled out. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.12.2018, 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-Taj Mohammad 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 :- 31.7.2019 MN/-