Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15406 of 2021 Applicant :- Imran Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Patel,Amit Rai,Mohd Shamim Khan,Sarvesh Kumar Singh Counsel for Opposite Party :- G.A.,Deenanath Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was stated that FIR was lodged by victim girl herself and in the FIR she has not made any allegation of rape and merely it was alleged that applicant and co-accused Bhoora @ Shahid Khan did some scuffle (chhinajhapti) with her. It has been submitted that she has developed another story in her statement under Section 161 Cr.P.C., wherein, she has stated that co-accused Bhura @ Shahid Khan has caught her and applicant has committed rape upon her. Thereafter, in her statement recorded under Section 164 Cr.P.C., she has alleged that both applicant and co-accused Bhura @ Shahid Khan have committed rape upon her. It was stated that on every step she has changed her version. Learned counsel has submitted that date of birth of victim stated by her is not reliable and that no satisfactory document has been filed in support of the same and in fact she is a major girl. It has also been submitted that in her medical examination report, no external or internal injury has been shown and it has been mentioned that medical examination report does not confirm sexual assault. It has been further submitted that similarly placed co-accused Bhura @ Shahid Khan, against whom similar allegations of rape were made in statements under Section 164 Cr.P.C., has already been enlarged on bail by a co-ordinate Bench of this Court, the copy of which is available on record. It has been submitted that the applicant is languishing in jail since 13.12.2020 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. and learned counsel for the first informant have opposed the prayer for bail and argued that as per school certificate, victim is minor and she has made allegation against applicant. However, it has not been disputed that similarly placed co-accused Bhura @ Shahid Khan has already been granted bail by this Court.
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 Imran Khan involved in Case Crime No.982 of 2020, under Sections 341, 376-DA IPC and Section 5/6 POCSO Act, P.S. Auraiya, District - Auraiya, 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 :- 29.10.2021 Neeraj