The matter was peremptorily fixed for today. Learned counsel for the complainant is not present. The matter is being heard in his absence.
Learned counsel for the applicant states that she has given notice to the learned counsel for the complainant. The photocopy of the notice is kept on record.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Atif Pathan in connection with Case Crime No.0225 of 2021, under Sections 328, 376, 420, 504, 506, 509(B) I.P.C., Police Station Hariparvat, district Agra.
The first information report of this incident was lodged by the complainant against two persons. It was alleged in the first information report that the daughter of the complainant was student of Class 12th, who made friendship with the applicant for about last six months with a boy named, Babu on social media. Later-on, on 07.02.2021 the victim travelled along with him and the alleged victim was offered intoxicated cold drinks and after consuming she became unconscious. It was also alleged that thereafter, the applicant raped with her and taken her snaps and made video. She was continuously being exploited by the applicant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive just to grab the illegal money from the applicant. She submitted that the alleged victim was major as per medical report, which is evident from page no.32 of the paper book. She submitted that the alleged victim was in consensual relations with the applicant, which is also evident from the first information report itself and her chats, copies whereof have been annexed on page nos.50 onwards. She submitted that the allegations that the applicant had misbehaved with the alleged victim on the false promise of marriage is totally false as she was chatting with the applicant. She submitted that the alleged victim was fully conscious and she had gone with the appliant out of her own sweet will. She submitted that applicant is languishing in jail since 16.06.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Atif Pathan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.12.2021 R./