Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30337 of 2021 Applicant :- Soaib Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Dhaka Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Soaib, in Case Crime No. 317 of 2021, under Sections 376D, 506 IPC and 5/6 Protection of Children from Sexual Offences Act, Police Station- Sihanigate, District- Ghaziabad.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 23.03.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Prosecutrix was said to be of 15 years, but her age has been determined to be of 17 years in medical age determination by the Medical Board; name of applicant was not there in the FIR nor in the statement under Section 161 Cr.P.C. with regard to commission of rape, whereas commission of rape for the first time assigned in the statement under section 164 Cr.P.C.; offence was said to be of 11.3.2021, whereas FIR was got lodged with considerable delay on 23.3.2021; in between no complaint was ever raised. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and he was not named in the FIR; rape was not assigned to him in the statement under Section 161 Cr.P.C.; for the first time, rape was assigned for applicant in the statement under Section 164 Cr.P.C.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Soaib, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 20.12.2021 Dhirendra/