Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20209 of 2021 Applicant :- Abrar Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Shyamu Shukla
Hon'ble Rajiv Joshi,J.
Heard Sri Manoj Kumar, learned counsel for the applicant, learned AGA for the State, Sri Anurag Rai holding brief of Sri Shyamyu Shukla, learned counsel for the informant and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 99 of 2021, under Sections 363, 366, 354A, 323, 120B, 504, 506 IPC and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3/5 of Religion Change Act, Police Station Sahjanwa, District Gorakhpur, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged against unknown persons, under Section 363 IPC (for kidnapping), the girl of the informant aged about 17 years has been kidnapped by unknown persons. It is next contended that subsequently on same day, the girl was recovered on the information received to police by informant (mukhbir). In the statement recorded under Section 161 Cr.P.C., there is no allegation for sexual offence or teasing/remark against the applicant. It is next contended by learned counsel for the applicant that in her statement recorded under Section 164 Cr.P.C., the story has been changed, in which there is also no allegation for sexual offence against the applicant. It is next contended that the applicant was implicated in the present case on the basis of the girl's statement to the effect that he teased the girl in the bus. It is next contended that there is no allegation of conversion from Hindu to Muslim against the applicant and only it is alleged that threat was extended by Mehtab Alam from Dubai and therefore, no offence under the provision of Unlawful Religious Conversion Act is attracted in the present case. It is also contended that the co-accused Mohammad Naim, whose role is identical to the applicant has already been released on bail by this Court vide order dated 21.09.2021 in criminal misc. bail application no.18678 of 2021, hence, the applicant is also entitled to be released on bail on the ground of parity. It is lastly contended that the applicant has no other criminal history. He is in jail since 27.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Abrar involved in the aforesaid crime be released on bail, on his executing 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 attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 S.P.