Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2072 of 2018 Applicant :- Taj Mohammad Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Rejoinder affidavit filed on behalf of the applicant, be taken on record.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Submission of the learned counsel for the applicant is that the FIR of the alleged incident was lodged on 9.6.2017 showing the date of the incident as 22.3.2017. The FIR was lodged with the delay of two months seventeen days from the date of the alleged incident. There is no satisfactory explanation for delay in lodging the FIR. In medical report the age of the victim has been shown about 18 years. At the time of the alleged incident the victim was major. The applicant is real cousin brother of the victim. The victim is a married lady and her marriage was solemnized with one Abdul Waki resident of village Hardauli. The victim wants to solemnize her marriage with the applicant. The applicant on being real cousin brother of the victim has refused to solemnize his marriage with her due to which the victim has lodged a false and fabricated FIR with making false allegation of rape against the applicant. In fact no such incident has taken place. The victim has also moved an application before S.P. Banda on 30.5.2017 with the same version as given in the FIR and on that application the enquiry was conducted by the police station Bisanda District Banda in which it has been mentioned that the victim is a married lady and she wants to solemnize her marriage with the applicant and when the applicant refused to solemnize his marriage with her then the victim has made allegation of rape and demand of dowry against the applicant. It has further been submitted that the medical report also does not corroborate the prosecution version. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 11.12.2017.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Taj Mohammad involved in Case Crime No. 90 of 2017, under Sections 376, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Bisanda, District Banda 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 will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 A.