Faeem v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47684 of 2023 Applicant :- Faeem Opposite Party :- State of U.P. Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.,Sandeep Kumar Tiwari,Yogesh Kumar Tripathi Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.400 of 2023 under sections 366, 328 IPC, P.S. Rorawar, District Aligarh.

¶3In terms of the FIR, it was alleged that two daughters of the informant were enticed away by two persons named in the FIR including the applicant. Subsequently, the statement of Menaz was recorded wherein she stated that both the sisters had gone to market where they met with the applicant to whom they knew, they were administered cold drink upon drinking of which they fainted and she found herself at Delhi. The incident was said to have occurred at Aligarh.

¶4Learned AGA has produced a copy of the statement of the other daughter of the informant Neha where she has stated that she had known the other co-accused Soab for the last four years and were in love and had also married in a Masjid.

¶5In view of the said two statements, prima facie the allegations in the FIR are not corroborated, the applicant has no criminal history and is in custody since 19.09.2023, as such, the applicant is entitled for the bail. Thus the bail application is allowed.

¶6Let the applicant Faeem be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 8.11.2023 VNP/- High Court of Judicature at Allahabad