Court No. - 38
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16698 of 2021 Applicant :- Naushad Qureshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Surat Patel,Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Shri Amit Daga, learned counsel for the applicant and Shri Arun Kumar Singh, learned AGA appearing for the opposite party no.1.
Notice on the opposite party no.2 was directed to be served. The office report of 14.12.2021 is that the notice sent under the order of this Court was duly served upon the opposite party no.2 personally. Though, the list has been revised, no one appears for the opposite party no.2.
This is the second bail application which has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.605 of 2019 under Section 376-D, 506 IPC & under Section 5/6 of the Protection of Children from Sexual Offences Act, Police Station-Kotwali, District Jhansi.
An FIR dated 16.9.2019 was lodged by the opposite party no.2, who is the father of the victim, against the applicant and one other accused alleging that his 13 year old daughter was going to purchase some items when the accused followed her on a scooter and told her that her mother had suddenly fallen ill and is admitted in a hospital and asked her to sit on the scooter and to go with them to the hospital. Thereafter, they took her to a basement of a shop and took out a hand gun and threatened her that in case she shouted, she would be killed. Thereafter, they disrobed her and raped her and they made a video and threatened her with dire consequence in case she reveals the incident to anybody.
It is the contention of the learned counsel for the applicant that the first informant has deposed during trial as PW-1. It is contended that the PW-1 turned hostile and he has stated that no complaint regarding alleged incident was lodged by him. It is contended that PW-2, who is the mother of the alleged victim, has stated in her deposition before the trial court that the applicant, who was present in the court during trial, is not the person who had taken away her daughter and, therefore, the PW-2 was declared hostile. It is further contended that PW-3, who is victim herself, also turned hostile and she has categorically, in her deposition, stated that the applicant is not the person who had raped her. Learned counsel has referred to the respective testimonies of PW-1, PW-2 and PW-3, which are filed alongwith the affidavit as Annexures-11, 12 and 13. It is contended that the possibility of conviction of the applicant is remote and, therefore, the applicant deserves to be enlarged on bail.
Learned AGA has opposed the prayer for bail, but has not denied the fact that the prime witnesses aforesaid have turned hostile during trial.
Considering the facts and circumstances and without entering into the merits of the case, this appears to be a fit case for bail. The bail application is, accordingly, allowed.
Let the applicant-Naushad Qureshi son of late Irshad Qureshi, be released on bail in the aforesaid case, on his furnishing a personal bond with two sureties each of the same amount to the satisfaction of the court below with the following additional conditions which are being imposed in the interest of justice :-
(1) The applicant shall attend in accordance with the conditions of the bond executed under Chapter XXXIII of the Cr.P.C.;
(2) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;
(3) 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; and
(4) The applicant shall cooperate with any investigation in the case.
In case of breach of any of the above 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. The court below shall also verify that none of the sureties are sureties for any other accused person in any other case.
It is clarified that the observations, if any, made in this order are confined to the disposal of this bail application and are not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 17.12.2021 Shafique (Jayant Banerji, J.)