Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 238 of 2010 Petitioner :- Sharifuddin 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.
Learned counsel for the applicant submits that in the present case the
applicant was granted bail under sections 363 and 366 I.P.C. by this court on
30.10.09 in Criminal Misc. Bail Application No. 28093 of 2009. It appears
that subsequently, Section 376 I.P.C. had also been added. Hence the present
bail application.
He further submits that the applicant is innocent and has been falsely
implicated. He further submits that in the statement recorded under section
164 Cr.P.C. the prosecutrix has not stated any thing against the applicant with
regard to rape, as such no case under section 376 I.P.C. is made out. He
further submits that the prosecutrix remained in the company of the applicant
for about three months but she did not raise any alarm or hue and cry. He
further submits that the prosecutrix is a consenting party. He further submits
that the applicant has no criminal history and is in jail since 15.8.2009.
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 Sharifuddin involved in Case Crime No. 313 of 2009 under
Sections 363,366,376 I.P.C., P.S. Shohratgarh, 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 :- 6.1.2010
MLK