Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45310 of 2021 Applicant :- Gulbahar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 137/2021, under Section 363 IPC and Sections 16/17 of POCSO Act, police station Najibabad, District Bijnor with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has not committed any offence. It was submitted that alleged incident has been shown of 17.03.2021 but FIR has been lodged on 20.03.2021. Learned counsel has referred statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that no allegation of kidnapping or rape has been made against the applicant. It was further submitted that in her statement, recorded under Section 161 Cr.P.C., victim girl has stated that co-accused Sajid along with his friend (applicant) has met her and they took her to Haridwar and from there co-accused Sajid has taken her to Chandigarh. It was also submitted that in her statement, recorded under Section 164 Cr.P.C., victim girl has stated that co-accused Sajid has told that he would marry her and thereafter she along with co-accused Sajid and applicant went to Haridwar and from there applicant has returned back and later on co-accused Sajid has committed rape upon the victim. Learned counsel has submitted that age of the victim is stated 16 years and that the allegations of rape has been made against co-accused Sajid, who has already been enlarged on bail by co-ordinate Bench of this Court, copy of which has been annexed with the application and that the case of applicant is on better footing. It has further been argued that the applicant is in judicial custody since 24.08.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Gulbahar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 29.10.2021 Anand Digitally signed by RAJBEER SINGH Date: 2021.10.30 15:13:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad