Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46199 of 2017 Applicant :- Tasleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shabbir,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case on account of village partibandi. He further submitted that as per the radiological determination (annexed as Annexure-2 to the application), the age of the victim was 18 years. Learned counsel for the applicant submitted that the co-accused, namely, Rizwan has already been enlarged on bail by another Bench of this Court vide order dated 22.11.2017 in Criminal Misc. Bail Application No. 45505 of 2017.
Learned counsel for the applicant submitted that the applicant is languishing in Jail since 23.9.2017 and in case applicant will released on bail, applicant will not misuse the concession of bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Tasleem son of Jameel Ahmad involved in Case Crime No. 201 of 2017, under Sections 452, 354, 504, 506 IPC and Section 8 of POCSO Act, P.S. Shergarh, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.11.2017 Ravi Prakash