Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28141 of 2018 Applicant :- Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Pundir Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Gaurav Pundir, learned counsel for the applicant, Sri Pankaj Bharti, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 648 of 2017, u/s 366, 368, 120-B, 342, 376-D IPC, P.S. Charthawal, District Muzaffar Nagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. and has been falsely implicated in this case. It is argued that the prosecutrix was recovered from the custody of co-accused Intjar with whom she had eloped of her sweet will and also solemnized marriage with him. It is next contended that beside the applicant, general allegations were made from stage to stage by the prosecutrix regarding commission of rape by the co-accused Gulfam, Saleem, Bhura and Salim. Lastly he contended that other co-accused Gulfam, Intjar, Saleem, Salim, Bhura have been granted bail by this Court. Bail granting orders have been annexed as annexure -14 to the affidavit.
Learned counsel for the informant has opposed the prayer for bail and submitted that so far as the case of the applicant is concerned, it is distinguishable from that of the co-accused inasmuch as the prosecutrix has consistently named in her all statement u/s 161 and 164 Cr.P.C. However he could not dispute that the victim had solemnized marriage with Intjar, who has also been enlarged on bail by this Court.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Usman involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.7.2018 Dhirendra/