The High Court, albeit without expressing opinion on merits, held the case fit for bail and directed the release of the applicant on bail with personal bond and two sureties subject to standard conditions.
The applicant was released on bail by furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23517 of 2019
Applicant :- Mursaleen Opposite Party :- State Of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 184 of 2018 under Sections 376-D 506 I.P.C. Police Station Mirzapur, District Saharanpur.
Learned counsel for the applicant submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated with ulterior motive. F.I.R. has been filed with delay of 27 days. Earlier an F.I.R. was lodged by coaccused Naushad, who is applicant's brother-in-law, against the nephew of the prosecutrix as Case Crime No.136/2018 under Sections 354, 323, 506 I.P.C. and 3/4 POCSO Act on 06.07.2018 whereafter, in retaliation the prosecutrix lodged the present F.I.R. against the applicant and two others with wholly false and fabricated story in order to pressurize and harass them. Further submission is that the co-accused Naushad and Saeed Ahmad have been enlarged on bail by the co-ordinate Benches of this Court in Criminal Misc. Bail Application No.2373/2019 and Criminal Misc. Bail Application No.20104/2019 on 18.01.2019 and 14.05.2019 respectively. The applicant has no previous criminal history. He is in jail since 09.04.2019 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mursaleen involved in the aforesaid crime 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:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.6.2019 Ram Murti
1 issue framed by the court
Whether the applicant is entitled to bail in the bailable application.
Mursaleen
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
