This is an application for bail on behalf of the applicant, Rifakat alias Gantha, in connection with Case Crime No. 445 of 2020, under Sections 363, 366, 120-B IPC and Section 3(2)(v) S.C./S.T. Act, Police Station - Jahanabad, District - Pilibhit.
Heard Mr. Virendra Kumar, learned Counsel for the applicant at length and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that the prosecutrix, according to her statement under Section 161 Cr.P.C., went away with co-accused Sartaj of her freewill, but in her statement under Section 164 Cr.P.C., she stated that she was taken away forcibly by Sartaj and was ravished. So far as the applicant is concerned, he is co-accused Sartaj's father and the role assigned to him is that he put the prosecutrix on board a bus and nothing more. It is submitted that the applicant has been falsely implicated by the prosecutrix's family in order to wreak vengeance against co-accused Sartaj. The applicant has no criminal history and is in jail since 10.02.2020.
The learned A.G.A. has 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 a very limited role has been assigned to the applicant, the fact that the stand of the prosecutrix is prima facie inconsistent in her statements under Sections 161 and 164 Cr.P.C., the fact that main role is assigned to co-accused Sartaj and the fact that the applicant has 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 applicant - Rifakat alias Gantha be released on bail on executing his 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 this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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 condition(s) 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 :- 7.4.2021 I. Batabyal