Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44482 of 2020 Applicant :- Shahid Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Avinash Chandra Srivastava Counsel for Opposite Party :- G.A.,Anand Prakash Pandey
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of complainant and perused the record of the case.
By means of this application, applicant-Shahid, who is involved in Case Crime No. 0299 of 2020, under sections 363, 366, 504, 506, 376(3) IPC and section 3/4 of Protection of Children from Sexual Offences Act, police station Kotwali Bansi, district Siddharth Nagar, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, complainant, who is mother of the victim, has lodged first information report dated 26.09.2020 in respect of incident, which is alleged to have been taken place on 25.09.2020 against the applicant and his other family members for the offence under sections 363, 366, 504 and 506 IPC alleging inter alia therein that on 25.09.2020 at about 8.00 p.m. accused persons have enticed away her daughter.
Main substratum of argument of learned counsel for the applicant is that the complainant and victim have been examined before the trial court as PW-1 and PW-2, but they did not support the prosecution case and the victim has been declared as hostile before the trial court, certified copies of aforesaid statements of have been filed along with supplementary affidavit dated 27.09.2021. On the strength of aforesaid fact, it is argued by the learned counsel for the applicant that now there is bleak chance of conviction of the applicant, who does not have any criminal history to his credit and is languishing in jail since 26.09.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate and learned counsel appearing on behalf of complainant opposed the bail prayer of the applicant by contending that on the date of incident, the victim was minor, but they could not dispute that the victim has not supported the prosecution version before the trial court and denied the alleged incident and allegation of rape against the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the victim did not support the prosecution case and has been declared as hostile before the trial court, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shahid, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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 court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 on the merits of the case. 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 :- 6.10.2021 Sazia