Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17857 of 2010 Petitioner :- Barakat Ali Respondent :- State Of U.P. Petitioner Counsel :- Miss. Afshan Shafaut Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the prosecutrix is a married lady of 42 years and she herself has stated in her
statement that the applicant is inimical to informant’s side . He further
submits that the case was registered as a complaint case . He further submits
that the prosecutrix has not been medically examined and as such it can not be
ascertained , at this stage, as to whether rape was committed or not . He
further submits that apart from the applicant his two other brothers namely
Abu Bakar and Jafar Ali also have been implicated and they have been
granted bail by this court in Criminal Misc. Bail Application no. 17120/10 on
7.7.2010. He further submits that the applicant has not committed any offence
as alledged by the prosecution and has been falsely implicated malafide with a
view to harass and victimise him. He further submits that the applicant has got
no criminal history to his credit and there are no chances of his fleeing away
from the judicial process or tampering with the prosecution evidence, and is in
jail since 19.5.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Barakat Ali involved in Case Crime No.792 of 2009 under
Sections 376,452,506 I.P.C., P.S. Itwa, District Siddharth Nagar 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:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 14.7.2010
MLK