Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22812 of 2021 Applicant :- Aslam Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Nasira Adil,Sadaful Islam Jafri Counsel for Opposite Party :- G.A.,Vikash Chandra Tiwari
Hon'ble Rajiv Joshi,J.
Heard Sri N.I. Zafri, learned Senior Advocate assisted by Sri Sunil Kumar Singh, learned counsel for the applicant, Sri Vikash Chandra Tiwari, learned counsel for the informant as well as 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 seeking enlargement on bail during trial in connection with Case Crime No. 42 of 2021 under Section- 376-D IPC, P.S. Masori, District- Ghaziabad.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is next submitted that the FIR was lodged against by the brother of the informant against one Haseen under Section 306 IPC on the ground that the said accused has abetted the deceased as a result thereof she herself committed suicide. It is next submitted that the applicant was not named in the FIR and his name was surfaced on the basis of confessional statement of co-accused Parvej, in which it is stated that applicant had relationship with the deceased and from him she was pregnant, only this much has been stated against the applicant that the deceased had relationship/love affairs with applicant and the applicant also provided one mobile to the deceased. It is next submitted that there is no allegation of mass rape against applicant or any other co-accused. The police has submitted charge-sheet on 3.4.2021 against the applicant and one Haseen under Section 376D although, charge-sheet against co-accused Pravez has been submitted under Sections 302, 316 and 376-D IPC. It is next submitted that in absence of any evidence for committing rape with the deceased, the charge under Section 376-D has wrongly been made against the applicant and the offence under Section 376-D prima facie against applicant is not made out.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history as stated in paragraph no. 25 of the affidavit and he is in jail since 4.2.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA as well as learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant- Aslam be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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 :- 29.10.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.11.01 10:35:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad