Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23030 of 2019 Applicant :- Tasreef Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He is not named in the F.I.R., which was lodged against one Tasleem. Applicant has been implicated in this case on the basis of statement of said Tasleem. Referring to the statement of the victim recorded under sections 161 and 164 Cr.P.C., it is further argued that the victim herself has denied the involvement of the applicant in this matter. It is further submitted that no proper test identification parade has been arranged in this matter. There is no cogent evidence against the applicant to connect him with present offence. The applicant does not have any previous criminal history. He is languishing in jail since 5.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Tasreef involved in Case Crime No.119 of 2019 under Section 376 I.P.C., Police Station Devraniya, District Bareilly be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.5.2019 ss