Faeem vs State Of U.P.
2019 Latest Caselaw 3306 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16424 of 2019
 

 
Applicant :- Faeem
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that in FIR the age of the victim has been shown about 20 years. At the time of alleged incident the victim was major. The FIR of the alleged incident has been lodged on the basis of an application moved under section 156(3) Cr.P.C. The applicant is aged about 22 years. The victim was doing job in a bank at Delhi. The applicant and victim met in a marriage ceremony and victim has given her mobile number to the applicant and proposed to come Delhi and accordingly the applicant had gone to Delhi to meet the victim at India Gate. Both have clicked their photograph and with the consent of victim the same was loaded on face-book. The applicant visited two occasions to Delhi where the victim introduced the applicant to her friends. The victim was making pressure upon the applicant to solemnize the marriage but the applicant refused to marry with her because he was living in a simple family due to which the victim has lodged this false FIR against the applicant making false allegation of rape. No photograph has been recovered during investigation. False story has been concocted by the victim. The applicant has no criminal history and is in jail since 21.12.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Faeem involved in Case Crime No. 510 of 2018, under section 376, 504, 323, 506 IPC and 67 of the Indian Technology Act, P.S. Najibabad, District Bijnor be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 22.4.2019

Masarrat