Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30721 of 2021 Applicant :- Adleeb Opposite Party :- State of U.P.
Counsel for Applicant :- C.M.Rai,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. C.M. Rai, learned counsel for applicant and learned A.G.A. for State. Perused the record.
This application for bail has been filed by applicant -Adleeb, seeking his enlargement on bail in Case Crime No.0566 of 2021, under Sections- 376(3), 506 IPC and 3/4 POCSO Act, Police Station-Vijay Nagar, District- Ghaziabad, during pendency of trial.
Record shows that in respect of an incident which is alleged to have been occurred on 20.04.2021, a delayed F.I.R. dated 13.05.2021 was lodged by first informant Smt. Reshma and was registered as Case Crime No. 0566 of 2021 under Sections 376(3), 506 I.P.C & Section 3/4(2) POCSO Act, Police Station- Vijay Nagar, District-Ghazibad. In the aforesaid F.I.R. one person namely, Adleeb, applicant herein has been nominated as solitary named accused.
As per the prosecution story in brief, it is alleged that applicant who is the named accused has dislodged the modesty of the minor daughter of first informant i.e. the prosecuterix by forcefully committing rape upon her.
Subsequent to the aforesaid F.I.R., the statement of prosecuterix was recorded by Investigation Officer under Section 161 Cr.P.C., which is on record as Annexure-3 to the affidavit. Thereafter, prosecuterix was medically examined and her medico legal report is on record as Annexure-2 to the affidavit. Ultimately statement of prosecuterix was recorded under Section 164 Cr.P.C. and same has been annexed as Annexure-4 to the affidavit.
Investigating Officer upon completion of statutory investigation of above-mentioned case crime No.0566 of 2021 under Sections 376(3), 506 I.P.C & Section 3/4(2) POCSO Act, Police Station- Vijay Nagar, District-Ghazibad, in terms of Chapter-
XII Cr.P.C., ultimately submitted a charge-sheet dated 18.07.2021 whereby applicant has been charge-sheeted under Sections 376(3) & 506 I.P.C. and Sections 3/4(2) of POCSO Act. Upon submission of above-noted charge-sheet cognizance was taken by the Court concerned. Resultantly Case No.171 of 2021 (State Vs. Adleeb), under Section 376(3) & 506 I.P.C. and Section 3/4(2) of POCSO Act, Police Station-Vijay Nagar, District-Ghaziabad arising out in the aforesaid case crime number came to be registered.
Trial commenced. Charges were framed against the charge- sheeted accused Adleeb, i.e. applicant herein. He denied the charges levelled against him and demanded trial. Resultantly, burden fell upon prosecution to lead evidence to bring home the charges so framed. Prosecution has discharged the aforesaid burden by adducing P.W.1 i.e. prosecuterix and P.W.2, Reshama, i.e. mother of the prosecuterix up to this stage.
Learned counsel for applicant contends that applicant is innocent. He has falsely been implicated in above-mentioned case crime. Allegation made in F.I.R. are false and concocted. It is then contended that prosecution story as unfolded in the F.I.R. has been improved upon by prosecutrix in her statements under Sections 161 and 164 Cr.P.C. It is next contended that applicant is a man of clean antecedents having no criminal history. The applicant is languishing in jail since 22.05.2021. In case, applicant is released on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.
It is next submitted that prosecutrix in her deposition before Court below as P.W.1 has not supported the prosecution story.
Per contra, the learned A.G.A. has opposed this bail application. However, he could not dispute the factual and legal submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for State, upon perusal of record, complicity of accused and acquisitions made, this Court finds that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant- Adleeb, seeking his enlargement on bail in Case Crime No.0566 of 2021, under Sections- 376(3), 506 IPC and 3/4 POCSO Act, Police Station-Vijay Nagar, District- Ghaziabad, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 20.12.2021 Sachin Tiwari/-