The Single Judge granted bail to the applicant, Mohd. Umar, in a bail application filed in Case Crime No. 184 of 2016. The court observed that learned Additional General Prosecutor could not point out material to oppose the bail prayer.
The applicant Mohd. Umar is released on bail on furnishing a personal bond and two sureties with specific conditions.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 671 of 2018
Applicant :- Mohd. Umar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard 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. 184 of 2016, S.T. No. 312 of 2017, u/s 376D, 420, 406, 342, 506 IPC, P.S. Kundaraki, District Moradabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is absolutely innocent and has been falsely implicated in this case by the first informant. It is argued that from the bare reading of the F.I.R. and the statement of the victim it appears that there was some money transaction between the first informant and the applicant, it is on account of dispute between them the false case of gang rape has been foisted in the F.I.R. lodged after six months of the incident. Lastly it is contended that the applicant is in jail since 11.12.2016.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
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 Mohd. Umar 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 :- 20.9.2018 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the present case.
1 provisions across 1 enactments
Mohd. Umar
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
