Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34870 of 2018 Applicant :- Tanjeem Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Dwivedi, Jai Shanker Audichya Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashish Dwivedi and Jai Shanker Audichya, learned counsels 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- Tanjeem Ahmad in Case Crime No. 503 of 2018, under Sections 376, 504, 506 I.P.C., Police Station- Baheri, District- Bareilly with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that the victim is a divorced lady and as per the F.I.R. lodged by her the applicant had come to settle marriage with her sister but he rejected the proposal. Thereafter, the applicant started liking her and expressed his desire of marrying. She has admitted that her divorce has taken place just one year back. Thereafter, the applicant on the false promise of marrying her established physical relations with her. It is argued that the victim in order to create pressure on the applicant, who is a young lad of 20 years, for marrying falsely fastened him in the present case. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 11.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. 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- Tanjeem 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 :- 17.9.2018/ Vikas/-