This court granted bail to the applicant, Shahzad, accused under Sections 363, 366, and 376-D IPC. The court noted the lack of injury to the victim and similarity to a co-accused granted bail, ordering release on personal bond and Sureties.
Release of applicant Shahzad on bail on personal bond and two sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18240 of 2018
Applicant :- Shahzad Opposite Party :- State Of U.P. Counsel for Applicant :- Shashank Kumar,Zabir Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shashank Kumar and Sri Zabir Ali, learned counsel for the applicant and the learned A.G.A. for the State and perused the record. However, no one has appeared on behalf of the informant to oppose the bail application.
The present bail application has been filed by the applicant-Shahzad in Case Crime No.623 of 2017, under Sections 363, 366 and 376-D I.P.C., Police Station Kandhla, District-Shamli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The F.I.R. was lodged by Smt. Khalida against four named accused persons including the applicant with the allegation and the applicant and three other unknown accused have committed rape upon her minor daughter. The F.I.R. was lodged on 02.10.2017 regarding an incident of 29.9.2017. The victim was recovered on 3.10.2017 and in her medical examination, the doctor opined that her hymen was old torn with healed margins. There is no sign of recent sexual assault upon the victim. He has further argued that there was enmity between the parties. He has lastly argued that similarly placed co-accused, Shahzeb against whom the prosecutrix has also levelled allegation of rape, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.21867 of 2018 vide order dated 26.6.2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.01.2018, having no criminal history to his credit, also deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Shahzad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 10.8.2018
MN/-
1 issue framed by the court
Whether the applicant, falsely implicated in a rape case, is entitled to bail pending trial.
Shahzad
State Of U.P.
Rajul Bhargava
As recorded by the court registry
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