List has been revised. None appears on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.452 of 2019, under Sections 376-D, 307 and 506 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, P.S. Bilaspur, District-Rampur and is in jail since 15.04.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the alleged victim against four persons including the applicant with the allegation that she is aged about 17 years old and Asif used to harass her by talking obscene language on the mobile phone. In the F.I.R. she also alleged that on 15.06.2019 accused persons came at her house and taken her at Indra Chowk, Rudrapur where they administered her some noxious substance and thereafter committed rape upon her and thereafter also assaulted on her neck and left her near Bilaspur Mandi from where she informed the police. The police came and admitted her in Government Hospital Moradabad.
Learned counsel for the applicant submitted that applicant was initially nominated in this case but after investigation the police exonerated the present applicant; present applicant has been summoned under Section 319 Cr.P.C. by the trial court. He further submitted that after investigation the police filed chargesheet against co-accused Shaktiman who has already been granted bail by another Bench of this Court vide order dated 25.03.2021 passed in Criminal Misc. Bail Application No.2316 of 2020, the bail order is annexed at page 68 of the paper book; case of the applicant is not only similar but also on better footing as he was exonerated after investigation.
He lastly submitted that the applicant who has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. and Sri Suneel Kumar Mishra, learned counsel for the complainant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Rais Dudhiya be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with 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 :- 18.8.2021 Asha