Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8635 of 2019 Applicant :- Azad Muhammad @ Aezad Opposite Party :- State Of U.P.
Counsel for Applicant :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
It has been contended by the learned counsel for the applicant that he has been falsely implicated in the present case; that the father of the victim Khujji Khan lodged FIR on 11.09.2018 levelling allegations against the applicant, another accused namely Salma and one unknown person at Police Station Mahobkanth, District Mahoba, under Sections 452, 376D, 120B, 363, 394, 504, 506 I.P.C. and Section 4 POCSO Act and same was registered as Case Crime No. 0115 of 2018 in respect of alleged incident which was taken place on 07.09.2018 at 4.00 p.m; that in the said FIR it was alleged by the first informant that he had gone to Delhi along with his wife for doing labour work; that on 07.09.2018 at about 4.00 p.m. when the minor daughter of the first informant was alone in the house, the neighbours namely Salma hatched conspiracy with Azaz and one unknown person entered into the house of the first informant and on the point of knife both persons have committed rape on his daughter and looted the jewellery and Rs. 30,000/- cash; that they have forcibly taken away his daughter by motor cycle by tieying her mouth with cloths , to an abandoned place, they also threatened her to dire consequences; that after receiving the information from his neighbours, he reported the incident. It is further contended that the allegations levelled against the applicant are totally false, fabricated and cooked up in order to harass the applicant; that the victim was medically examined and no sign of sexual harassment is found; that in the medical examination, the radiological age of the victim was determined as 17 years; that the statement of victim was recorded under Section 164 Cr.P.C. in which she has not made any allegations of rape against the applicant; that the statement of uncle (Chacha) of the victim was also recorded by the police under Section 161 Cr. P.C. in which he has also stated that she has not made any allegations against the applicant; that the applicant is innocent; that the applicant has no previous criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in judicial custody since 28.10.2018.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Azad Mohammad @ Azaz be released on bail in Case Crime No. 115 of 2018, under Sections 452, 376D, 120B, 363, 394, 504, 506 I.P.C. and Section 4 POCSO Act, P.S. Mohobkanth, District Mahoba on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 T.S.