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Allahabad High Court · body

2015 DIGILAW 1636 (ALL)

Sajid Qureshi v. State of U. P.

2015-06-29

BACHCHOO LAL

body2015
JUDGMENT Bachchoo Lal, J. Supplementary affidavit filed on behalf of the applicant be taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The applicant has not committed the alleged offence. The false allegation has been made against the applicant. It has further been submitted that the statement of the victim has been recorded by the trial court as PW-1, in which in her cross-examination, she has clearly stated that the applicant has not committed rape with her and he was not present on the spot at the time of alleged incident. The medical evidence does not support the prosecution version. The criminal history of the applicant has been explained in paras 3 to 11 in the supplementary affidavit filed in support of the bail application. The applicant is in jail since 08.11.2014. 4. Per contra, learned AGA opposed the prayer for bail. Having given my thoughtful consideration to the submissions 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. 5. Let the applicant-Sajid Qureshi, involved in Case Crime No.465 of 2014, under sections 376-D IPC & POSCO Act, police station Baniyather, District Sambhal, 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 evidences. 2.The applicant will not pressurize/intimidate the prosecution witnesses and co-operate 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.