Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14903 of 2021 Applicant :- Farhan Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla,Perdeep Kumar Vishnoi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It was submitted that victim girl is aged about 22 years and that her allegation regarding rape against applicant are thoroughly false and baseless. In fact she was having an affair with co-accused Raja Saifi and that applicant was falsely implicated merely because he is friend of co-accused Raja Saifi. It was submitted that in her statement, recorded under Section 164 Cr.P.C., victim has not made any allegation of rape against applicant. It was pointed out that as per statement of victim, after commission of rape on her by co-accused Raja Saifi, one of his friend has also committed rape upon her but the name of applicant has not been mentioned by her. Learned counsel has submitted that even as per prosecution version, victim was called from Delhi by co-accused Raja Saifi and that alleged hotel room was also booked by co-accused Raja Saifi. Referring to the statement of Manager of hotel, it was stated that after the incident, victim has never made any complaint and that hotel Manager has stated that after staying for some time, co-accused persons and victim have gone from there. Learned counsel has submitted that all the attending facts and circumstances of the case show that victim, who is aged about 22-23 years, was a consenting party. It was further submitted that the statement of victim girl has already been recorded by the Trial Court, wherein, she has not named the applicant and she has completely ruled out the involvement of applicant. It has been submitted that the applicant is languishing in jail since 20.12.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Farhan Ahmad involved in Case Crime No.815 of 2020, under Sections 376-D, 506 and 328 IPC, P.S.Kotwali, District Moradabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 Neeraj