HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 34273 of 2019
Applicant :- Raees Ahmad
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imran Khan
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the allegations have been made against the father and son together under Section 354 I.P.C, which does not appears to be probable. Victim has made allegation against father of applicant, Abdul Habib, of abusing the victim who belongs to the SC/SectionST Act. There is no allegation against the applicant under the provisions of SC/SectionST Act. The offence under Section 354 I.P.C is not made out against the applicant since the role of touching hand of the victim has been assigned to the applicant. It has been submitted that it is a case of false implication on account of petty dispute in the village. The applicant is in jail since 04.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 Raees Ahmad involved in Case Crime No.0251 of 2019, under Sections 452, Section323, Section354, Section504, Section506 IPC and Section 7/8 of the PoCSO Act and 3(2) 5 Ka SC/SectionST Act, Police Station Bilari, District- Moradabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 22.8.2019