Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26533 of 2020 Applicant :- Shoaib Opposite Party :- State of U.P.
Counsel for Applicant :- Ansar Ahmad,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.,R.K. Mishra,Saral Singh
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Ansar Ahmad, learned counsel for the applicant, learned counsel for the first informant and learned A.GA. for the State and perused the record.
It has been argued by learned Senior Counsel that applicant is innocent and he has been falsely implicated in the present case. It was stated that victim herself has stated her age 20 years and thus, she was a major girl and that during trial statement of first informant and victim girl have already been recorded and they have not supported the prosecution version and turned hostile. It was submitted that alleged incident has been shown of the hotel but the prosecutrix has never raised any alarm. There was no mark of injury on the body of victim and her version is not supported by the medical evidence. It was stated that in fact there was a cosmetic shop of the father of co-accused Faizan and that victim and her father have taken some cosmetic items from that shop but the balance amount of the cosmetics was not paid and a false story was developed due to this reason. The hotel room was booked by co-accused Faizan. It has been submitted that statement of victim girl has already been recorded and she has not supported the prosecution version and completely denied the incident. In FIR as well as in her statement under Section 161 and 164 Cr.P.C, victim girl has stated her age 20 years and that as per certificate of Chief Medical Officer, Etawah, her age is 18 years. Lastly, it was submitted that the applicant is languishing in jail since 19.06.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Let the applicant Shoaib involved in Case Crime No. 336 of 2020, under Sections 376D and 506 IPC, P.S. Kotwali, District Etawah, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 24.9.2021 A. Tripathi