Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20568 of 2021 Applicant :- Shahrukh @ Chhote Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.547 of 2019, under Sections 354-A, 354-C, 452, 506, 406, 376-D I.P.C., Police Station Mawana, District Meerut, during the pendency of trial.
As per the prosecution case in brief, informant/victim Smt. Tafseer, who is a married lady and 20 years old, lodged F.I.R. on 13.11.2019 regarding an incident which took place on 10.11.2019, for the offence under Sections 354-A, 354-C, 452 and 506 I.P.C. against two persons, namely, Shahrukh @ Chhotu (applicant) and his brother Raja. According to F.I.R., Shahrukh @ Chhotu (applicant) and Raja before three months on the point of country-made pistol took obscene photographs of the informant/victim and on the ground of photographs they were trying to establish physical relationship with her and on protest they threatened to viral it at social media. On this ground, they had taken Rs.75,000/- and a golden chain of 35 grams from the victim. On 10.11.2019, in the night at about 9:00 p.m., both forcibly entered into the house of the victim and started obscene activity. On protest when a hue and cry raised, the local police arrived and accused after threatening ran away. In statement under Section 161 Cr.P.C., the victim has reiterated the F.I.R. version. In statement under Section 164 Cr.P.C., the victim has changed the version and levelled allegation of rape. Before doctor also she has stated that applicant and co-accused committed rape upon her for three months.
It is argued by the learned counsel for the applicant that the applicant has not committed the alleged offence. He has been falsely implicated in the present case. It is also pointed out that identically situated co-accused Kadir Alias Raja has been granted bail by the co-ordinate Bench of this Court vide order dated 18.12.2020 in Criminal Misc. Bail Application No. 26730 of 2020 and the case of present applicant stands on similar footing to that of co-accused who has been granted bail, therefore, the applicant is also entitled to be released on bail on the ground of parity. Applicant has no criminal history and he is languishing in jail since 20.11.2019. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the fact that identically situated co-accused Kadir Alias Raja has been granted bail.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that identically situated co-accused Kadir Alias Raja has been granted bail, therefore, applicant is also entitled to be released on bail on the ground of parity. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 Shahrukh @ Chhote 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:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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 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 :- 30.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.30 18:11:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad