Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30304 of 2017 Applicant :- Zaid Khan @ Arbaz Khan @ Mohd Lorep Opposite Party :- State Of U.P.
Counsel for Applicant :- Anoop Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Despite sufficient time being given to learned AGA for filing counter affidavit, no counter affidavit has been filed till date.
Heard Sri Anoop Kumar Pandey, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 219 of 2017, u/s 376, 504, 506, 507 IPC and section 66(C) of I.T. Act, P.S. Kotwali, District Fatehpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that initially the F.I.R. was lodged by one Sadab Ahmad in which the applicant and the prosecutrix Fareen @ Raja was made accused and there were allegation of making facebook account and sending message to the sister of the first informant. Subsequently, during investigation, the statement of the co-accused Fareen @ Raja was recorded u/s 164 Cr.P.C. and entire new version came into existence in which the prosecutrix has levelled allegation of rape against the applicant. Learned counsel submits that infact the prosecutrix who was co-accused along with the applicant in the F.I.R. lodged by Sadab Ahmad and now in order to save herself she developed version of rape by the applicant though she was a consenting party. Admittedly she is aged about 20 years. It is next contended that prima facie I.O. could not collect any evidence or material to make out offence u/s 66(C) of I.T. Act. The applicant is in jail since 18.3.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Zaid Khan @ Arbaz Khan @ Mohd Lorep involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018 Dhirendra/