Criminal bail application allowed. High Court held applicant made out a case for bail regarding false implication in a criminal case involving marriage abductum charges, releasing him on personal bond with two sureties.
Release on bail subject to personal bond and two sureties with conditions to not tamper with evidence or influence witnesses.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34599 of 2022
Applicant :- Abdul Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 49 of 2016, under Sections 363, 366, 120-B, 504 and 506 of IPC, Police Station Chowk, District Varanasi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. In the first information report, no specific role against the applicant is asserted. The victim is major and her date of birth is 25.10.1991. In her statement under Section 161 Cr.P.C. the victim has made allegation against the applicant that applicant along with his brother-in-law obtained signature of the victim for her marriage with Abdul Hamid. It is further submitted that in her statement under Section 164 Cr.P.C. she has only made allegation that applicant assisted the accused. It is next submitted that the victim and four others filed Criminal Misc. Writ Petition No.7485 of 2016 before this Court claiming that both the parties are major and they have voluntarily married. It is submitted that applicant has criminal history of one case in his credit which is duly explained in para 3 of the supplementary affidavit, in which applicant has moved application for discharge. It is further submitted that applicant is languishing in jail since 21.06.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that the applicant has active participation in the crime but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, without expressing any opinion on 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 Abdul Rashid in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 26.9.2022 Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.28 10:32:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under Sections 363, 366, 120-B, 504, and 506 of the IPC.
Whether the alleged false implication and minor age claims of the victim establish bail grounds.
Abdul Rashid
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
