Court granted bail to Tasleem Khan in an IPC 376 case, noting allegations of false implication and contradictory medical findings. Bail was subject to standard conditions.
Released on bail on personal bond and two sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25897 of 2018
Applicant :- Tasleem Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Johri,Vimlendu Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vimlendu Tripathi, Sri Kuldeep Johri, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0239 of 2018, u/s 376 IPC, P.S. Nigohi, District Shahjahanpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. The prosecutrix is a grown up women and as per her statement u/s 164 Cr.P.C. she was also assaulted by the applicant, her neck was also pressed, however, not a single scratch has been found on the person of the prosecutrix. It is argued that the victim was medically examined on the same day after about nine hours of the incident on 20.4.2017 at 7.00 pm. It has been noted in the supplementary report that as per pathology report, no spermatozoa dead or alive was seen no sign suggestive of penetration of vagina was noted. The applicant is in jail since 3.5.2018 having no criminal antecedent to his credit.
Learned A.G.A. has opposed the prayer for bail. However he could not refused the submission made by counsel for the applicant.
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 Tasleem Khan 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 :- 5.9.2018 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Section 376 IPC given allegations of false implication and lack of physical injuries.
Tasleem Khan
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
