Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12404 of 2021 Applicant :- Rizvan Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Rizvan, who is involved in case crime no. 210 of 2020 under Section 363, 366, 376, 120B I.P.C. and 3/4 POCSO Act, Police Station- Civil Line, District- Aligarh.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that as per FIR it is alleged by the informant that his daughter Saba on 22.05.2020 has been enticed away by Aadil and Rizvan, which is false and fabricated; that actually Saba-victim was more than 17 years of age at the time of incident, who out of her own sweet will left her house and accompanied with the applicant and his friend; that from perusal of the statements of the victim recorded under Section 161 and 164 Cr.P.C. clearly shows that the victim left her house out of her own will and there is love affair with co-accused Aadil, and the applicant has been roped in the case being friend of co-accused Aadil; that the victim in her statements under Section 161 and 164 Cr.P.C. has not levelled any allegation of sexual assault against the applicant. It is lastly contended that applicant is in jail since 30.08.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 7.4.2021 Fhd.