Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24650 of 2021 Applicant :- Niyaz Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Nilay Kumar Pandey,Amar Bahadur Singh 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 entire record.
The present bail application has been filed by the applicant in Case Crime No. 0779 of 2020 under Sections 376, 504, 506, 427 IPC, Police Station - Gagaha, District - Gorakhpur with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant herself and the present accused Niyaz Ahmad was nominated in this report. It was alleged in the report that the complainant runs a meat shop (chicken shop) in a Gomati on Riyaon road and the husband of the complainant lives out and her children stay at home. It was alleged in the FIR that on 17.12.2020 when the complainant came to her Gomati, then, the named accused overpowered her and committed rape.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the medical examination report does not support the allegation of rape, therefore, the applicant deserves for bail. Lastly, it is argued that the applicant is in jail since 18.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is contended by the learned AGA that the alleged victim has lodged the FIR herself and she has constantly said in her statements recorded under Sections 161 and 164 Cr.P.C. about the forceful rape by the present accused. It is also argued by the learned AGA that the victim has also constantly levelled the allegation of rape against the present accused and the learned counsel for the applicant was not able to show any reason of false implication.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, this Court is not obliged to grant bail to the applicant.
The bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith 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 :- 29.7.2021 LBY