Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25637 of 2021 Applicant :- Firasat Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar Singh,Chandra Nath Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Complaint Case No.1995 of 2017, under Sections 376-D, 506 IPC, Police Station-Bachhrau, District-Amroha and is in jail since 17.03.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant against named three accused persons in pursuance to the application filed under Section 156(3) Cr.P.C. It was mentioned that named accused persons have pulled the complainant to the field and committed rape against her. The police investigated the matter and submitted the final report in the matter. Final report was challenged by the alleged victim and a protest petition was filed by her. After hearing the victim, proceeding started as a complaint case and the alleged victim's statement under Section 200 Cr.P.C. was recorded and the accused were summoned.
Learned counsel for the applicant submitted that the applicant is brother-in-law (Jija) of the husband of the alleged victim and he has been falsely implicated in this case. He further submitted that the incident is alleged to have taken place on 17.02.2017 and on that date the alleged complainant had filed a complaint case against her husband and other family members in the court. The alleged incident is totally false and fabricated.
Various matrimonial cases are pending between the complainant and her husband.
He lastly submitted that the applicant, who is in jail since 17.03.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Firasat be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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 :- 27.7.2021 Asha