Criminal bail application filed by Muzammil in a case involving charges of abduction and rape. Court found it a fit case for bail considering the prosecutrix voluntarily lived with the applicant and he has no antecedents.
Applicant Muzammil released on bail by furnishing a personal bond and two reliable sureties of equal amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27733 of 2019
Applicant :- Muzammil Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 29 of 2019, under Sections 366, 376, 323, 504 I.P.C., Police StationJhinjhana, District-Shamli.
As per version of the first information report, on 13.1.2019 at 11:00 PM in the night, applicant enticed and took away the prosecutrix aged about 20 years. First information report was lodged under Section 366 IPC. Later on, during investigation, offence under Sections 376, 323, 504 I.P.C., were added.
Learned counsel for the applicant contended that the prosecutrix is major. She has gone with the applicant on her own sweet will and lived with him for about 1 ½ months. Prosecutrix has travelled with the applicant by public vehicle, even so, she has not raised any alarm. Applicant is languishing in jail since 9.3.2019 and he has no criminal antecedent.
Learned A.G.A., has opposed the prayer for bail and contended that the prosecutrix in her statement under Section 164 Cr.P.C., supported the prosecution version.
Prosecutrix in her statement under Section 164 Cr.P.C., admitted this fact that she has gone with the applicant to Ajmer and lived with him in a room for about 1 ½ months.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant Muzammil , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 15.7.2019 Jaswant
3 issues framed by the court
Whether bail should be granted to the applicant accused of offences under Sections 366 and 376 IPC given prosecutrix's account and lack of criminal antecedent.
Whether the applicant's claim that the prosecutrix voluntarily left with him justifies his release on bail.
The appropriate conditions for granting bail under the facts of the FIR.
5 provisions across 2 enactments
Muzammil
Umesh Chandra Tripathi
As recorded by the court registry
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