Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32869 of 2020 Applicant :- Qadir @ Abdul Qadir Opposite Party :- State of U.P.
Counsel for Applicant :- Anant Ram Dube,Rakesh Kumar Counsel for Opposite Party :- G.A.,Harindra Pratap
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Kumar, learned counsel for the applicant as well as Sri Pushkar Srivastava, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.259 of 2020 under sections 376, 496, 506 I.P.C. , Police Station Garh Mukteshwar, District Hapur, during the pendency of trial.
As per FIR, which has been lodged by Km. Gulafshan, victim, the prosecution case is that she is presently 23 years of age and that when she was of 13 years old, she had developed relation with the accused-applicant, who continued to give her false assurance that he would marry her and had committed rape upon her repeatedly by which she became pregnant and when she insisted for marriage to be performed, he along with other co-accused named in the FIR have tried to kill her and now the applicant has married some other lady.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated. In medical examination report, she has refused to get her internal examination done which is annexed at page-22 of the paper book. Her statement under section 164 Cr.P.C. has been recorded in which she has repeated the same version as stated in the FIR and has also stated that indecent video has also been made of the rape being committed. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 03.07.2020. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A.opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact this is a case of consensual sex and long delay in lodging the FIR, taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Qadir @ Abdul Qadir involved in aforesaid case 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.1.2021 AU