Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No.608 of 2020, under Sections 452, 506, 323, 392, 328, 376-D, 354-dha IPC & under Section 5g/6 POCSO Act, Police Station-Murad Nagar, District-Ghaziabad is seeking enlargement on bail during the trial.
F.I.R. of this incident has been lodged in pursuance of the application filed by the complainant under Section 156 Cr.P.C. against the present accused Ummid @ Ummdi along with named accused Rais and two other unnamed person with the allegation that the accused entered into the house of the complainant on 09.06.2018 in the night about 10.00 pm. when his sister was alone in her house, then accused committed lootpat in the house and carried away gold and silver ornaments and Rs.40,000/- in cash. It is further alleged in the F.I.R. the present accused along with co-assued have also committed rape with my sister and left the sooty with which he came in the house.
Learned counsel for the applicant submits that applicant is quite innocent and has falsely been implicated in this case; that alleged incident has taken placed on 09.06.2018 and the application regarding his incident for lodging the Fi.R. has been filed on 05.12.2018 with the delay of 6 months and no specific reason has been shown; that nothing has been recovered from the possession of the present accused; that the medical of the alleged victim was not conducted as she has refused her medical examination and after investigation of the matter, police has submitted that no unknown person was found during investigation who have entered into the house and committed rape on the victim-sister of the complainant; that initially victim has supported the prosection version in her statement recorded under sections 161 Cr.P.C. and 164 Cr.P.C. but later on in her majid bayan she has not supported the prosecution version fully. He lastly submitted that the applicant, who is in jail since 01.11.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ummid @ Ummdi be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 18.8.2021 Pr/-