Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14023 of 2021 Applicant :- Bhura @ Shahid Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Shamim Khan,Amit Rai,Deepak Singh Patel,Sarvesh Kumar Singh Counsel for Opposite Party :- G.A.,Deenanath Mishra
Hon'ble Om Prakash-VII,J.
Heard Shri Amit Rai, learned counsel for the applicant, Shri Deenanath Mishra, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that F.I.R. was lodged by the victim herself on the day of incident itself for the offence under Sections 341, 354 IPC and 7/8 POCSO Act. Nothing was mentioned in the F.I.R. to attract the offence under Section 376 IPC. When the victim was interrogated under Section 161 CrPC, she levelled offence of rape against co-accused in it. Referring to statement of the victim recorded under Section 164 CrPC it is further submitted that victim changing her version levelled offence of commission of rape against both the accused. Thus, referring to aforesaid facts, it is further submitted that offence of rape was not committed upon the victim. Had the offence of rape been committed upon the victim, same fact would have come in the F.I.R. itself. Victim has changed her version stage to stage, which creates doubt about truthfulness of her version. The applicant has no criminal history. He is languishing in jail since 13.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that though F.I.R. was lodged by the victim only for the offence under Sections 341, 354 IPC and 7/8 POCSO Act yet she has supported the prosecution case for commission of rape upon her in the statement recorded under Sections 161 and 164 CrPC. Medical evidence also supports the oral version. A prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC, the medical evidence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Bhura @ Shahid Khan involved in Case Crime No. 982 of 2020, under Sections 341, 376-D IPC and 5/6 POCSO Act, P.S. Auraiya, District - Auraiya be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 27.9.2021 safi