Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32552 of 2021 Applicant :- Irfan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Opposite Party :- G.A.,Ravi Prakash Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that in the first information report though allegation of rape has been made against the applicant but the statement recorded under Section 161 Cr.P.C. twice is silent about any rape being committed upon the victim. Insofar as statement of the victim recorded under Section 164 Cr.P.C. is concerned, it does not whisper about name of the applicant. It clearly says that four persons committed rape on the victim but that alone would not account for liability of the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 29.06.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Irfan involved in Case Crime No.253 of 2021, under Sections 376D I.P.C. and 3/4 POCSO Act,, Police Station Kotwali Gursahaiganj, District Kannauj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.10.2021 rkg