Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12446 of 2021 Applicant :- Murshad Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Keshari Nath Tripathi,Vivek Jaiswal Counsel for Opposite Party :- G.A.,Zafeer Ahmad
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Murshad Ali, who is involved in case crime no. 386 of 2020 under Sections 498A, 323, 504, 376, 506 I.P.C., Police Station- Civil Lines, District- Rampur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case only being dever of the victim; that the FIR of the incident has been lodged after unexplained delay of 26 days; that though, as per prosecution, it is a case of rape yet medical evidence does not support the oral version; that the statement of victim recorded under Section 161 and 164 CrPC are contradictory; that the victim in her FIR stated that she was being raped by the applicant from 01.10.2020 to 14.10.2020 but during that period she has not made any alarm or complaint, which creates serious doubt about the prosecution story. It is lastly contended that the accused applicant is languishing in jail since 08.12.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 7.4.2021 Fhd.