Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48281 of 2020 Applicant :- Afsar Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tripathi B.G. Bhai,Pramod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none appeared on behalf of the opposite party no. 2 in the revised call.
Heard Sri Tripathi B.G. Bhai, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that FIR was lodged by the victim herself. Nothing was mentioned in it to attract the offence under Section 376 IPC. Victim has also not made any whisper in the statement recorded under Section 161 Cr.P.C. to attract the offence under Section 376 IPC. For the first time in the statement under Section 164 CrP.C. she levelled the offence under Section 376 IPC against the accused person. Referring to the medical evidence it was further argued that the age of the victim was found 18 years. No symptom of rape was also found. It is further argued that had the offence of rape been committed against the victim by the applicant and other co-accused, FIR was lodged by the victim herself then this fact must have come in the FIR itself. Thus, referring to the aforesaid fact it was further argued that the FIR was lodged on the basis of false facts. Victim has changed her version at the stage of 164 Cr.PC. Applicant is in jail since 08.09.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Afsar Ali involved in Case Crime No. 724 of 2020, under Sections 363, 504, 507, 354, 376 (D) IPC , Section 67 (A) of I.T. Act, 3(2) 5A of SC/ST ACT, 11 (V)/12 and Section 5/6 POCSO Act, P.S. Belghat, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.7.2021 Sachdeva