Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.663 of 2013, under Sections 366, 376D, 342 I.P.C., Police Station-Nanpara, District-Bahraich, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 01.04.2021. He further submitted that application under Section 156 (3) Cr.P.C. was moved by the informant, and thereafter, in pursuance of the order of learned Magistrate, case was registered as FIR No.663 of 2013 (supra) on 24.07.2013. In the aforesaid FIR, the alleged incident was taken place on 05.07.2013. He further submitted that in the FIR, four persons were named including the applicant and investigation was going on. He further submitted that prosecutrix was medically examined on 12.12.2013, and on the same day, her statement under Section 161 Cr.P.C. was recorded, and thereafter, on 13.12.2013, her statement under Section 164 Cr.P.C. was also recorded, in which she alleged that on the date of incident, she went to ease her along with her mother and at the same time, applicant and one Ahmad reached there and they brought her in the field of Makai, then she started crying, when her mother came to save her, then the applicant and Ahmad tried to beat her mother, then her mother ran away due to fear for calling other villagers and she came after about 20-25 minutes along with 4 to 6 persons, in the meantime, Ahmad and applicant raped her. He further submitted that investigation in relation to Ahmad was concluded and charge-sheet was submitted before the trial court and in the said charge-sheet, it is clearly mentioned that investigation is going on, against the applicant and one Badki wife of Ahmad. He further submitted that applicant was not aware and he never misuse the liberty given by the Investigating Officer and on 01.04.2021, he was taken into custody and charge-sheet was prepared on 03.04.2021 which was filed to the court concerned. He further submitted that co-accused, namely, Ahmad is having identical role, has been granted bail, vide order dated 24.06.2014 passed in Criminal Misc. Bail Application No.3873 of 2014. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but he does not dispute the fact that FIR was lodged in the year 2013 and charge-sheet was filed against the Ahmad 16.02.2014 and investigation was going on against the applicant and applicant was taken into custody on 01.04.2021. He also conceded the fact that the role of applicant is similar to the co-accused who has been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Pappu @ Alok Chandra Srivastava- be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.7.2021 Amit/-