Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22209 of 2021 Applicant :- Amit Opposite Party :- State of U.P.
Counsel for Applicant :- M J Akhtar,Imran Khan,Viquar Mehdi Zaidi (Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri V.M. Zaidi, learned Senior Advocate assisted by S/Shri M.J. Akhtar and Imran Khan, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned Senior Counsel appearing for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that victim is major and was a consenting party. If entire prosecution case is taken into consideration then also she never made a complaint regarding the offence disclosed in the F.I.R. and in the statement recorded under Sections 161 & 164 Cr.P.C. prior to the lodging of F.I.R. It is further submitted that mere breach of promise or denial from marriage will not be sufficient to attract the offence under Section 376 IPC, particularly, when both the parties are major and physical relation was established between them on the basis of their consent. It is further submitted that date of offence was also not made clear in the F.I.R.. Statement made under Section 164 Cr.P.C. to this effect is false and after thought. Date of abortion is also not clear. Doctor was interrogated in this respect but he also denied to this fact. Thus, referring to the entire documents annexed with the application, it is further submitted that no prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 16.02.2021 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 and argued that although victim is major aged about 19 years yet in the year, 2017 she was minor. Thus, offences levelled against the applicant are clearly attracted in the present matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 & 164 Cr.P.C., 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 Amit involved in Case Crime No. 0210 of 2021, under Sections 376, 323, 313, 506 IPC, P.S. Indrapuram, District - Ghaziabad 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 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 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 :- 23.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.23 14:51:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad