Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43496 of 2021 Applicant :- Mohammad Faizan @ Aatik Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Srivastava,Priyanka Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 121 of 2021, under Sections 376, 386 and 323 I.P.C., P.S. Rail Bazar, district-Kanpur Nagar, is seeking enlargement on bail during the trial.
The first information report was lodged by the victim herself against the present accused and other co-accused Noori and Ayesha, alleging therein that she was having friendship with the present accused and on his assurance she went to meet him. It was also alleged that the present accused had established physical relations with her without her wishes and take her obscene photographs It was also alleged that the present accused started blackmailing and demanded money from the victim and also threatened her, if she does not fulfil his demand, he will viral her obscene photographs on social media. It was also alleged in the FIR that co- accused Noori and Ayesha also demanded money from the victim/complainant.
Learned counsel for the applicant submits that the alleged victim is admittedly major. In the first information report she has alleged that the applicant had established sexual relationship with her without her consent and take the obscene photographs of the victim and also made her video film in the compromising positions. Further submission is that from the perusal of the facts stated by her in her statement recorded under section 161 and 164 Cr.P.C. (annexure-3 & 4)), it appears that she was a consenting party. The medical report of the alleged victim does not show any make of violence, injury or sexual assault. He also submits that neither any obscene photographs nor any video clip was recovered during investigation and in view of the above, it is apparent that the applicant has been falsely implicated in the present case. He lastly submits that the applicant, who has no reported criminal antecedent to his credit and is in jail since 2.6.2021, is entitled to be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the victim was major, considering that no obscene photographs or video was recovered during investigation, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Mohammad Faizan @ Aatik be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 28.10.2021 Faridul