Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15940 of 2021 Applicant :- Asif Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Sunder Mishra,Abou Sofian Usmani,Mohd. Monis Counsel for Opposite Party :- G.A.,Amit Kumar Singh
Hon'ble Samit Gopal,J.
Heard Sri Abou Sofian Usmani, learned counsel for the applicant, Sri Amit Kumar Singh, learned counsel for the first informant and Sri Raj Kumar Gupta, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Asif Ali seeking enlargement on bail during trial in connection with Case Crime No. 125 of 2020, Case No. 243 of 2020, under Sections 376-D, 323, 504, 506 IPC, registered at P.S. Hathgaon, District Fatehpur.
Learned counsel for the applicant argued that the First Information Report has been lodged on the basis of an application under Section 156(3) Cr.P.C. It is argued that the incident in question is dated 06.09.2020 whereas the First Information Report has been registered on 20.10.2020. It is argued that as such the delay in lodging of the First Information Report is unexplained. It is further argued that the victim is a married lady aged about 27 years having a child and the allegations therein are false and incorrect. It is argued that although the victim has stated that the applicant on the exhortation of co-accused Musheer committed rape upon her but the same is false and incorrect. Learned counsel has further argued that the medical examination of the victim does not support the prosecution case. It is argued that the police after conclusion of investigation had submitted charge sheet under Sections 323, 504, 506 IPC against the applicant and co- accused Musheer but the court concerned vide its order dated 08.12.2020 took cognizance on the charge sheet against the applicant and the said co-accused person and summoned them under the present sections. He further argued that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 05.02.2021.
Per contra, learned counsel for the first informant opposed the prayer for bail and argued that in the First Information Report lodged by the victim, in her statement under Section 161 Cr.P.C. and 164 Cr.P.C. the victim has stated to have been raped by the applicant. It is argued that there is no delay in lodging of the First Information Report as the same has been registered on the basis of an order passed on the application under Section 156(3) Cr.P.C. which was filed by the victim. It is argued that the conduct of the police is in itself evident from the fact that police had submitted charge sheet under Section 323, 504, 506 IPC only against the applicant and co-accused Musheer. It is argued that thereafter court concerned took cognizance and summoned the applicant and co-accused Musheer in the present case. It is argued that the police had not registered the case when the victim had gone along with her mother and approached them for lodging of the First Information Report. Even the victim stated that she had received threat from the side of the applicant and as such they could not get to lodge the FIR. It is argued that co-accused Musheer has been granted bail by co-ordinate Bench of this Court only on the consideration that he has been assigned the role of exhortation but no role of allegation of rape has been levelled against him.
I have heard learned counsels for the parties and have gone through the record, it is apparent that the applicant is named in the First Information Report, statement under Section 161 Cr.P.C. and 164 Cr.P.C. of the victim and is alleged to commit rape upon her. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
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 :- 28.7.2021 M. ARIF (Samit Gopal, J.)