Allowed

Raees @ Rahees v. State of U.P.

Allahabad HC20 Oct 2020BAIL/28133/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The High Court, Allahabad Court No. 90, granted bail to the applicant in a rape and murder attempt case (Section 376 IPC) following guidelines from Supreme Court precedents, without expressing an opinion on the merits of the charges.

What did the court decide?

Released on bail on personal bond and two local sureties each in the like amount, subject to specific conditions of bail.

Raees @ Rahees Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28133 of 2020

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Applicant :- Raees @ Rahees Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant Raees @ Rahees with a prayer to release him on bail in Case Crime No.97 of 2020, under section 376 I.P.C., Police Station Ajeemnagar, District Rampur, during pendency of the trial.

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Present F.I.R. has been lodged by the victim against the applicant and three other co-accused alleging that on a false promise of marriage, applicant exploited the victim since last eight years. On 05.04.2020, applicant and co-accused came to the house of the victim and cut the veins of the victim.

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Learned counsel for the applicant submits that allegations made in the F.I.R. are totally false and fabricated; victim is a married woman, aged about 36 years, having four children; the statements recorded under Sections 161 and 164 Cr.P.C. are contradictory and are not corroborating the facts stated in the F.I.R. and medical; on perusal of the F.I.R. and the statement under Section 164 Cr.P.C., it appears that the victim was consenting party and only to pressurize the applicant to get married with him, present F.I.R. has been lodged. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 15.06.2020.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the

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statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22; Rajak Mohammad vs.The State of Himachal Pradesh in Criminal Appeal No.1395 of 2015 and Musauddin Ahmad vs. State of Assam reported in 2009 (14) SCC 541, without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.

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Let the applicant Raees @ Rahees be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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Order Date :- 20.10.2020 Meenu

Raees @ Rahees v. State of U.P.

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Raees @ Rahees v. State of U.P.

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