Sageer And Anr. vs State Of Up
2016 Latest Caselaw 214 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 1907 of 2016
 

 
Applicant :- Sageer And Anr.
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Pawan Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the applicants submits that the F.I.R. of the alleged incident is delayed and the same has been lodged with the delay of 13 days.. There is no satisfactory explanation of the delay in lodging the F.I.R. In medical report the age of the victim has been shown about 18-19 years. In fact at the time of the alleged incident the victim was major. The applicants have not committed the alleged offence. False allegation has been made against them. There are material contradictions in the statements of victim recorded under Sections 161 & 164 Cr.P.C. The medical report also does not corroborate the prosecution version. The co-accused Kalamuddin having identical role has already been granted bail by this Court vide order dated 09.02.2016, therefore, the applicants are also entitled for bail on the ground of parity. There is no criminal history of the applicants and they are in jail since 02.01.2016 and 12.01.2016 respectively.

Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Sageer and Tajallu @ Tajmul involved in Case Crime No.64 of 2015, Under Sections 363, 366, 376, 506 I.P.C., Police Station Fakharpur, District Bahraich, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1. The applicants will not tamper with the evidence.

2. The applicants will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.

Order Date :- 10.3.2016

Jitendra