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Babuddeen vs State Of U.P. on 22 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 9352 of 2021

Applicant :- Babuddeen

Opposite Party :- State of U.P.

Counsel for Applicant :- Shri Ram Yadav,Alok Kumar,Ishwar Chandra Tyagi,Sanjay Kumar Yadav

Counsel for Opposite Party :- G.A.,Ajay Tripathi,Akash Tyagi

Hon’ble Raj Beer Singh,J.

Rejoinder affidavit, filed by the learned counsel for the applicant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.

It has been argued by learned counsel for the applicant that applicant is brother-in-law (jeth) of complainant and that essentially matter pertains to matrimonial dispute between complainant and her husband and that applicant has been falsely implicated just to exert undue pressure on the family of applicant. It was submitted that the allegation against the applicant that applicant along with his brother-in-law Zahid committed rape upon complainant, is thoroughly false and baseless and that such an incident is not possible in presence of all family members. It has been pointed out that entire family of applicant has been named in first information report. Learned counsel further submitted that now both the parties have compromised the matter. It has been further submitted that the applicant is languishing in jail since 20.12.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned counsel for the complainant has not opposed the bail and argued that now both the parties have compromised the matter.

Learned A.G.A. has opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Babuddeen involved in Case Crime No. 224 of 2020, under Sections 498A, 323, 506, 354, 376, 307, 452 IPC and 3/4 D.P. Act, P.S. Kotwali, District Meerut, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant shall not tamper with the evidence during the trial.

2.The applicant shall not pressurize/ intimidate the prosecution witness.

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

4. 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.

5.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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.

Order Date :- 22.7.2021

A. Tripathi

 

 

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