Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36110 of 2020 Applicant :- Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar,Krishna Mohan Tripathi,Saiful Islam Siddiqui,Tahira Kazmi Counsel for Opposite Party :- G.A.,Shobhit Pathak
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri N.I. Jafri, learned Sr. Advocate assisted by Sri Saiful Islam Siddiqui, learned counsel for the applicant, Sri Sobhit Pathak, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 664 of 2019 under Sections 376-D I.P.C., Police Station Mundapandey, District Moradabad during the pendency of trial.
As per F.I.R. lodged by Smt. Sayroom, victim herself on 4.12.2019, when her husband and father-in-law had gone out of house to bring medicine, she herself had gone in her field at about 1:00 am, right then accused-applicant accompanied with one unknown person came there and told her to accompany to the field of sugarcane and she refused. Both of them threatened her with pistol and had committed rape upon her. One witness Khairati had arrived there and when she realized that Khairati was nearby, she screamed loudly then both the accused fled from the scene of occurrence.
Learned counsel for the applicant has drawn attention to the fact that one F.I.R. was lodged by Afsar Ali against husband of the victim of this case i.e. Nafees, crime no. 612 of 2016 under Sections 307, 323, 504, 506 IPC which is annexed at page 45 to 47 in which Babu i.e. accused-applicant was a witness and in that case charge sheet has been submitted, which is annexed at page 49 of the affidavit. It is further argued that it was in order to pressurize the applicant, who is a witness in that case, this false case has been slapped against the applicant. He has further drawn attention to the statement of the father of the victim Ehsan annexed at page 44 of the supplementary affidavit in which he has stated that he knows Nafees very well, against him and Raees, he had got a case lodged being crime no. 612 of 2016. He has further stated in his statement that victim's husband Nafees normally remain involved in wrong acts therefore he has got a case lodged against the applicant and one unknown person regarding rape with his daughter, which is a false case. This case was got registered only with a view to effect a compromise. It is further argued that applicant is in jail since 26.2.2020. He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer of grant of bail and has drawn attention to the supplementary injury report annexed with the supplementary affidavit at page 20 in which signs of sexual violance was found present by the doctor. He has further argued that statement of victim was recorded under Section 161 Cr.P.C. and 164 Cr.P.C. in which she has supported the prosecution version. He has further drawn attention to the statement of eye-witness Khairati annexed at page 38, in which he has stated that he had seen the applicant along with other co-accused who is not named, running away from the field.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Babu involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.1.2021 A.P. Pandey