Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17968 of 2019 Applicant :- Zeeshan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Maohammd Nadeem,Ashish Kumar 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 named in the F.I.R., but no active role has been assigned to him to attract the offence punishable under section 376 Gha IPC. Referring to the F.I.R., it is further argued that the F.I.R. was lodged on the basis of order passed on the application under section 156 (3) Cr.P.C. Victim was aged about 38 years. Investigating Officer after investigation submitted final report. Thereafter protest petition was filed, which was treated as complaint. Applicant was summoned along with other co-accused on 10.12.2018 on the basis of evidence collected on the complaint. Referring to entire evidence annexed with the application, it is further contended that role assigned to the applicant is ornamental in nature. Main role of causing the offence of rape has been assigned to co-accused Laik. No prima facie case is made out against the applicant. Applicant does not have any previous criminal history. He is languishing in jail since 23.3.2019 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 Zeeshan involved in Complaint Case No. 854 of 2018 under Sections 376 Gha, 452 I.P.C., Police Station Gursahaiganj, District Kannauj 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 :- 29.4.2019 / ss