By means of this application the applicant Izhar Ahmad @ Yash has prayed to release him on bail in Case Crime No. 491 of 2019, under Sections 363, 376-D, 370-A, 372, 120-B IPC & Section 6 of POCSO Act, Police Station Bhojipura, District Bareilly.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 6.7.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. He has neither been assigned role of enticing or taking from her lawful guardianship nor of putting her under prostitution. The only allegation against him is that he committed rape with the prosecutrix. In her statement neither father's name of applicant nor his parentage is there. The only thing is there i.e. name of applicant, but the parentage and address is not there. The main accused Shahadat has been enlarged on bail in Criminal Misc. Bail Application No. 17925 of 2020 vide order dated 19.10.2020 and other co-accused Mohd. Dilshad has been enlarged on bail in Criminal Misc. Bail Application No. 36731 of 2020 vide order dated 18.12.2020 by the co-ordinate Bench of this Court. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that applicant was not named in the first information report nor he was assigned role of enticing or taking of prosecutrix from her lawful gurdianship or putting her under prostitution. The mere allegation of rape is there and that too with no specific parentage or address of applicant.
Under all above facts and circumstances, the main accused Shahadat on bail, 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, Izhar Ahmad @ Yash , 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 :- 25.1.2021 Ravi Prakash