In Criminal Misc. Bail Application No. 858 of 2018, the court released the applicant on bail in a complaint case under Section 376-D IPC, subject to furnishing a personal bond, two sureties, and specific conditions.
Release of the applicant on bail under Section 376-D IPC upon furnishing a personal bond and two sureties.
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Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 858 of 2018 Applicant :- Abid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhiraj Kumar Pandey,Ravi Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Dhiraj Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated in the present case due to ulterior motive. Earlier the F.I.R. of the incident was lodged against the applicant and three others by the complainant and it was investigated upon and allegations made therein being found false, final report was submitted. Complainant had filed protest petition against the said report which was treated as complaint case and applicant and others were summoned. Further submission is that Mohd. Salim, who has been examined as witness in the complaint case and has supported the complainant had been prosecuted in the year 2001 in which co-accused Hasnain was a witness and on account of that enmity Mohd. Salim had got F.I.R. lodged against him and others through the complainant. It is also the submission that applicant is languishing in jail since 16.11.2017 having no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Abid be released on bail in Complaint Case No. 3061 of 2015 (arising out of case crime no. 294 of 2014), under Section 376-D I.P.C., P.S. Janakpuri, District Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 9.1.2018 /Bhanu
2 issues framed by the court
Whether the applicant is entitled to bail in the complaint case arising out of charge under Section 376-D IPC.
What conditions the applicant must satisfy to be released on bail.
4 provisions across 2 enactments
Abid
Umesh Chandra Srivastava
As recorded by the court registry
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