Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25462 of 2020 Applicant :- Irfan Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Irfan has prayed to release him on bail in Case Crime No. 600 of 2019, u/s 376, 506 I.P.C. & 4 of POCSO Act, P.S. Gulaothi, District Bulandshahr.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 22.1.2020. Informant is real father-in-law of applicant. There is no accusation of the of forceful rape except accusation of "badtameezi". Applicant is of no criminal antecedent. Prosecutrix has been held to be of 18 to 19 years in medical age determination test. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed with this contention that as per school record, prosecutrix was of 17 years and 5 months on the date of occurrence.
Learned counsel for the informant has vehemently opposed that as per date of birth of prosecutrix was of 16 years and 5 months on the date of occurrence and applicant who is the son-in-law of informant and is with three kids of his own, has committed this offence, wherein, elder daughter of informant has been deserted and the victim has suffered.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that enticing or forceful taking from the lawful guardianship of informant is not there. Rather, it has been written in FIR that prosecutrix have gone with preparation after taking money and ornaments with her. She has been held to be of 18 to 19 years in medical age determination. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Irfan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 5.1.2021 Kamarjahan