Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22543 of 2021 Applicant :- Shahjad Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Afzal Ahmad Khan Durrani Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
By means of this application the applicant Shahjad Alam has prayed to release him on bail in Case Crime No.512 of 2020, under Sections 376-A B, 506 I.P.C. and 5M/6 POSCO Act, Police Station Khoda, District Ghaziabad.
Heard Sri Rajiv Upadhyay, holding brief of Sri Afzal Ahmad Khan Durrani, 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. He has not committed the present offence. No prima facie case is made out against the applicant. It is further submitted that the victim has not disclosed the name of the applicant in the statement recorded under section 164 Cr.P.C. At this stage, learned counsel has referred to the statement of the victim recorded under sections 161 and 164 Cr.P.C. and further submitted that no proper test identification parade was conducted in the matter. Referring to the contents of the F.I.R., it is next argued that offence under Section 376 A B IPC is not attracted in this matter. If entire prosecution case is taken into consideration, then also offence under section 354 IPC will be attracted. It is further submitted that the F.I.R. was lodged in the matter on the basis of false facts. Applicant is languishing in jail since 1.9.2020 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 and argued that age of the victim girl is 8 years only. All the ingredients to attract the offence under section 376 A B IPC are available in this matter against the applicant. Victim girl has consistently supported the prosecution case in her statement recorded under sections 161 and 164 Cr.P.C. Thus, there was no need to conduct test identification parade in the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC and the medical evidence, the Court is of the view that no case for bail is made out.
The bail application is rejected.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 6.10.2021 ss Digitally signed by OM PRAKASH Date: 2021.10.07 16:46:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad