Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24610 of 2021 Applicant :- Mustafa Opposite Party :- State of U.P.
Counsel for Applicant :- Yashpal Yadav,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.,Rajpal
Hon'ble Rajiv Joshi,J.
Heard Sri Yashpal Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record. None has appeared on behalf of the informant even in the revised call of the fresh list, although name of Sri Rajpal is shown in the list.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 66 of 2021, under Sections- 363, 366 and 376 IPC and Section 3/4 POCSO Act, Police Station- Mubarakpur, District- Azamgarh during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is next submitted that FIR was lodged by the father of the victim against the applicant on 26.3.2021 with the allegation that on 23rd March, 2021 at about 7:00 p.m. daughter of the informant has been enticed away by the applicant. The FIR, was lodged 26.3.2021 after three days of the incident but there is no plausible explanation of delay in lodging the FIR. It is further submitted that initially the FIR was lodged under Sections 363 and 366 IPC. It is next submitted that victim was recovered on 27.3.2021 and her statement was recorded under Section 164 Cr.P.C. on 31.5.2021, in which, there is no allegation of sexual assault or rape against applicant is levelled and as per the Medical Report dated 3.4.2021, age of the victim is more than 18 years. It is next submitted that no offence under Section 376 IPC and Section 3/4 POCSO Act prima facie is made out against the applicant from the bare perusal of the FIR as well as statement of the victim. The applicant is in jail since 27.3.2021 and has no criminal history as stated in paragraph no.26 to the affidavit filed in support of the bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Mustafa who is 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 26.10.2021/Akbar