Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16493 of 2018 Applicant :- Adil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ganesh Shankar Pandey,Randhir Jain,Sandeep Kumar Keshari Counsel for Opposite Party :- G.A. AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31995 of 2018 Applicant :- Faheem Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Pratap Singh,Ganesh Shankar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Rejoinder affidavit has been filed by Sri Randhir Jain, learned counsel for the applicant, which is taken on record.
Since both the bail applications arise out of the same case crime number, they are being disposed of by this common order.
Heard learned counsels for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants- Adil & Faheem in Case Crime No. 37 of 2018, under Sections 354, 376, 120-B I.P.C., Police Station- Kotwali City, District- Bijnor with the prayer to enlarge them on bail.
Learned counsel for the applicant has argued that initially the first information report was lodged by the father of the prosecutrix based on the information provided by the victim to him with the allegation that on 09.01.2018 at about 2 P.M. the applicant Adil and co-accused Faheem had outraged his daughter's modesty. The FIR was lodged under Section 354 IPC and 7/8 of the POCSO Act. It is argued that even in the F.I.R. there was no allegation of rape or sexual assault. However, when the victim was medically examined on 12.01.2018 she stated that the applicant and two other co-accused had raped her. It is stated in the medical report that the victim had not sustained even scratch on her body and no internal injury has also been noted on her private parts. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 13.01.2018 & 11.01.2018, respectively, having no criminal history to their credit, deserves to be released on bail.
Per contra, learned A.G.A. has submitted that there could have been some hesitation with the prosecutrix not to disclose the version of gang-rape to her father. However, he could not dispute that no role of sexual assault has been attributed to the applicant Adil by the victim in her statement recorded under Section 161 and 164 Cr.P.C and no internal injury has been noted on her private parts.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants- Adil & Faheem be released on bail in the aforesaid case crime number on their furnishing a personal bond each and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 24.9.2018 Vikas