Nasir Raza vs The State Of U.P.
2016 Latest Caselaw 539 ALL

Citation : 2016 Latest Caselaw 539 ALL
Judgement Date : 15 March, 2016

Allahabad High Court

Nasir Raza vs The State Of U.P. on 15 March, 2016

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 8596 of 2015
 

 
Applicant :- Nasir Raza
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Sweta Pandey,Jai Narayan Pandey,Shiv Pal Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the victim is a married lady aged about 38 years having seven children. The applicant has not committed the alleged offence. False allegation has been made against him. Prior to the alleged incident the victim had also lodged an F.I.R. against Safiq making allegation of rape against him in which Safiq had been acquitted by the trial court on 19.05.2012. The prosecution story is not probable and believable. The medical report also does not corroborate the prosecution version. It has further been submitted that false story has been concocted by the victim. There is no criminal history of the applicant and he is in jail since 06.08.2015.

Per contra, learned A.G.A. opposed the prayer for 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 Nasir Raza involved in Crime No.1110 of 2014, Under Section 376-D I.P.C., Police Station Bisheshwarganj, District Bahraich, 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:

1. The applicant will not tamper with the evidence.

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

3. The applicant 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 applicant.

Order Date :- 15.3.2016

Jitendra