Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2220 of 2021 Applicant :- Rizwan Opposite Party :- State Of U.P And Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none appeared for the informant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No prima facie case is made out. Victim has changed her version stage to stage. Date, time and place of incident is also not clear from the FIR or statement of the victim recorded under Section 161 or 164 Cr.P.C. At one place she has stated that offence of the rape was committed in the presence of wife of the applicant. At another place she has stated that none was present in the house. Referring to the aforesaid fact and medical evidence it was also argued that at initial stage victim herself has denied for medical examination. It is also argued that prosecution case is not supported by the medical evidence. The applicant has no criminal history. He is languishing in jail since 03.05.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rizwan involved in Case Crime No. 480 of 2019, under Sections 376 (2) (n), 323, 504, 506 I.P.C. and Section 6 of POCSO Act, P.S. Baradari, District Bareilly be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.7.2021 Sachdeva