Sabir Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Sabir Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Sabir on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed unless exempted; no commission of similar offence; no inducement, threat or promise to dissuade disclosure); sureties to be verified before the release order; on breach of any condition the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Sabir, implicated in Case Crime No. 365 of 2019 under Sections 376-D and 506 IPC, P.S. Bhojpur, District Moradabad, is entitled to be released on bail.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of the accused, and without expressing any opinion on the merits, the Court held the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Sabir is to be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to stated conditions, with sureties to be verified before issuance of the release order.

Detailed headnote1 paragraphs

Bail application allowed. Sabir, arraigned in Case Crime No. 365 of 2019 under Sections 376-D and 506 IPC, P.S. Bhojpur, District Moradabad, and in jail since 2.12.2019, was held to have made out a case for bail, the Court expressly deciding 'without expressing any opinion on the merits'. Counsel for the applicant had urged false implication due to village rivalry, a belated F.I.R. (offence 22.11.2019; F.I.R. lodged 1.12.2019 with no explanation for delay), the victim's Section 164 CrPC statement (victim a major with five children) attributing nothing to the applicant, absence of criminal history, and medical evidence not supporting the prosecution case; the learned AGA opposed the prayer. Release was directed on a personal bond with two heavy sureties each in the like amount, subject to conditions barring tampering with evidence, intimidation of witnesses, default before the trial court, commission of similar offences and inducements to persons acquainted with the facts; sureties to be verified before the release order, and breach entitles the prosecution to seek cancellation before the Court. Order dated 5.2.2020.

Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5409 of 2020 Applicant :- Sabir Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar,Manish Kumar Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. The applicant has no criminal history. Offence is said to have been committed on 22.11.2019 while F.I.R. was lodged belatedly on 1.12.2019. No plausible explanation for delay has been tendered. Referring to statement of victim recorded under Section 164 CrPC it is also submitted that victim is major having five children and she has stated nothing against applicant regarding his involvement in the offence. It is next contended that applicant has been implicated in this case due to village rivalry. Medical evidence does not support the prosecution case. He is languishing in jail since 2.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Sabir involved in Case Crime No. 365 of 2019, under Sections 376-D, 506 IPC, P.S. Bhojpur, District - Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

The applicant will not tamper with the evidence during the trial.

The applicant will not pressurize/ intimidate the prosecution witness.

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 5.2.2020

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