Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33346 of 2018 Applicant :- Usman Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla,Kulveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit has been filed on behalf of the applicant, which is taken on record.
Heard Sri Santosh Kumar Shukla and Sri Kulveer Singh, 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- Usman in Case Crime No. 54 of 2018, under Sections 323, 504, 506, 376-D I.P.C., Police Station- Deoband, District- Saharanpur 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. The co-accused Zahid against whom also the victim has made allegations of committing gang-rape along with two others has been enlarged on bail by this Court vide an order dated 05.09.2018 in Criminal Misc. Bail Application No. 30887 of 2018. Learned counsel for the applicant has filed supplementary affidavit specifically explaining the criminal history of the applicant in which it is submitted that Case Crime No. 1069 of 2017 does not relate to an offence under Section 376-D. The concerned police station has sent wrong instructions in this behalf. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 15.03.2018, deserves to be released on bail on the ground of parity.
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- Usman 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