Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28944 of 2021 Applicant :- Guddu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 208 of 2018, under sections 354Ka, 354Kha, 506, 376D, 120B I.P.C., Section 3/4 POCSO Act and Section 67 IT Act, P.S. Sikandarpur, district-Ballia, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against five persons, including present accused about threatening of viral obscene photograph on facebook.
Learned counsel for the applicant submits that that initially the first information report was lodged under Sections 354Ka, 354Kha, 506 and 67B I.P.C and the alleged victim in her statement recorded under Section 164 Cr.P.C. (Annexure-4) has made allegation of rape against the present accused and other co-accused Shadab and Wasid. Further submission is that the alleged victim was in love with the present accused, who was working in a private firm at Riyad in Saudi Arabia. The alleged victim and her mother had blackmailed the present accused to exploit money from him. The alleged money was transferred to their account though RTGS, receipt whereof has been filed at page no. 40 of the paper book. He also submits that the facts stated by the victim in her statement under section 164 Cr.P.C. (Annexure-4) cannot be accepted on their face value especially in view of the fact that she has not dared to come forward to get herself medically examined. He lastly submitted that the applicant, who is in jail since 11.2.2021 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, Guddu Khan 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:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
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 :- 12.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.17 09:55:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad