Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15852 of 2021 Applicant :- Raheesuddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Dixit,Anupam Shyam Dwivedi,Sudhir Dixit Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants, Raheesuddin, Danish and Adil in connection with Case Crime No. 392 of 2017 under Sections 342, 363, 366, 506 IPC and Section 18 of the POCSO Act, P.S. Jahangirabad, District Bulandshahr.
Heard Mr. Sudhir Dixit, learned Counsel for the applicants, Mr. Sobhit Dubey, learned counsel appearing on behalf of opposite party no. 2 and Mr. S.S. Tiwari, learned A.G.A. appearing for the State.
It is submitted by the learned counsel for the applicants that they have been falsely involved in the present case along with co-accused Faisal on account of the fact that Faisal and the prosecutrix were into some kind of relationship which was disapproved by the Family. It is argued that there are call detail records which show the prosecutrix was into telephonic contact with Faisal, the main accused which excludes the entire story of rape. It is urged that so far as the applicants are concerned, they have been implicated on the basis of a charge of illegally confining the prosecutrix and kidnapping her. There is no allegation of rape against the applicants, which is confined to co-accused Faisal. It is, particularly, argued that Faisal, the main accused credited with role of rape, has been enlarged on bail by this Court vide order dated 07.08.2018 passed in Criminal Misc. Bail Application No. 26560 of 2018 entitling the applicants to the benefit of parity. It is also argued that the applicants were not at all found involved by the Police during investigation and no charge sheet was filed against them. They were later on summoned to stand their trial by an order of the Additional Sessions Judge, Bulandshahr dated 20.10.2018 passed in Special Criminal Case No. 1915 of 2018 in exercise of powers under Section 319 Cr.P.C. It is also argued that the applicants have no criminal history and are in jail since 02.03.2021.
The learned A.G.A. and the learned counsel appearing for the second opposite party have opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Faisal against whom there are charges of rape, has been enlarged on bail by this Court, the fact that the applicants' role has not been found vindicated during investigation but have been summoned under Section 319 Cr.P.C., the fact that there is evidence about call detail records which show some kind of a telephonic interaction between the prosecutrix and the main accused, Faisal, the fact that the applicants have no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicants, Raheesuddin, Danish and Adil in connection with Case Crime No. 392 of 2017 under Sections 342, 363, 366, 506 IPC and Section 18 of the POCSO Act, P.S. Jahangirabad, District Bulandshahr be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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 default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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 :- 5.4.2021 Deepak