Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21279 of 2017 Applicant :- Rafat Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pathak,Vivek Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Abhishek Kumar, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 303 of 2016, u/s 392, 506, 354, 395, 376D, 412 IPC, P.S.
Dhoomanganj, District Allahabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to the prosecution, the F.I.R. was lodged by the husband of the prosecutrix alleging therein that as usual when he was on duty at Railway Junction, Allahabad from 10.00 pm to 6.00 am and when he reached the home, his wife told him that four miscreants whose face was covered by mask armed with weapons looted valuable things and also outraged her modesty. There was no allegation of rape by the miscreants. Thereafter the prosecutrix was sent for medical examination on the same day in which she has stated that infact five miscreants had entered and committed gang rape on her. However, in the medical report, no external or internal injury on the person of the prosecutrix has been noted. The statement of the prosecutrix u/s 161 Cr.P.C. was recorded on 31.5.2016 in which she stated that unknown miscreants had committed offence, then one of the co-accused Sadab was arrested on the tip off in which he confessed his involvement along with applicant and another accused. The statement of the prosecutrix u/s 164 Cr.P.C. was recorded after two and half months on 15.7.2016 in which she stated that the accused were calling each other by names and she had heard the name of the applicant and four other accused. It is next contended that the applicant has been falsely framed in this case by the police, he was not put for identification. He further submitted that prior to this case the applicant was never involved in any criminal case, however, after his arrest the police has shown his involvement in nine cases and in all said cases, the applicant has been allowed bail. The applicant is in jail since 27.7.2016.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Rafat involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 Dhirendra/