Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15322 of 2021 Applicant :- Naushad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shankar Mishra, Manoj Kumar Tiwari, Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Rama Shankar Mishra, and Mr. Mohd. Samiuzzaman Khan, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Naushad, who is involved in Case Crime No. 762 of 2020, under added sections 375(ग), 376(3), 506 IPC and section 3(ग)/4 of Protection of Children From Sexual Offences Act, police station Khurja Nagar, district Bulandshahr, seeks enlargement on bail during the pendency of trial.
It is submitted by the learned counsel for the applicant first information report dated 21.07.2020 was lodged for the offence under sections 452, 354 (ख),323, 504 IPC and section 7/8 of Protection of Children From Sexual Offences Act, in which charge sheet dated 11.08.2020 has been submitted in the same sections, which are mentioned in the FIR. Thereafter, the applicant was granted bail by co-ordinate Bench of this Court vide order dated 18.01.2021 in Criminal Misc. Bail Application No. 41572 of 2020, but at the time of framing of charge by the trial court, further sections 375(ग), 376(3), 506 IPC and section 3(ग)/4 of Protection of Children From Sexual Offences Act, were also added, though there is no allegation of rape against the applicant in the statement of the victim under sections 161 and 164 Cr.P.C. It is further submitted by the learned counsel for the applicant that the applicant applied for bail in the aforesaid added sections, which has been rejected by the concerned court below vide order dated 17.02.2021. Main substratum of argument of learned counsel for the applicant is that there is no new material on record, but sections 375(ग), 376(3), 506 IPC and section 3(ग)/4 of Protection of Children From Sexual Offences Act, have been wrongly added, therefore, the applicant should be released on bail in added sections also.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that for the alleged sections mentioned in the FIR, the applicant has already been granted bail.
Having heard the argument of learned counsel for the parties, I find that since the victim has not made allegation of rape against the applicant in her statements under sections 161 and 164 Cr.P.C., hence it is a fit case to grant bail in aforesaid added sections. Hence, the bail application is hereby allowed.
Let the applicant Naushad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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 case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 7.10.2021 Sazia