Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15357 of 2021 Applicant :- Shoeb Alias Nafees Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Singh,Shivangi Singh Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J. Exemption application is allowed.
Despite opportunity having been given, instructions in the matter is not received.
Heard Shri Mohd. Irfan, Advocate holding brief of Shri Gaurav Singh, 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. It is further submitted that victim is major lady. She herself has admitted that physical sexual relation was established alongwith applicant with her consent. No complaint was made by the victim at that time. If entire prosecution case is taken into consideration then also mere denial for marriage will not be sufficient to attract the offence under section 376 IPC, particularly where both the parties are major. Thus, referring to the aforesaid facts and documents annexed with the application, it is further submitted that no prima facie case is made out against the applicant. Victim was consenting party. The applicant has no criminal history. He is languishing in jail since 06.12.2020 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.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of 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 Shoeb Alias Nafees involved in Case Crime No. 428 of 2020, under Sections 376, 403, 504, 506 IPC, P.S.
Ganj, District - Rampur 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 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file 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 :- 6.4.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.04.06 14:30:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad