Abrar v. State of U.P.

Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20209 of 2021 Applicant :- Abrar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Shyamu Shukla

Hon'ble Rajiv Joshi,J.

Heard Sri Manoj Kumar, learned counsel for the applicant, learned AGA for the State, Sri Anurag Rai holding brief of Sri Shyamyu Shukla, learned counsel for the informant and perused the record.

This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 99 of 2021, under Sections 363, 366, 354A, 323, 120B, 504, 506 IPC and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3/5 of Religion Change Act, Police Station Sahjanwa, District Gorakhpur, during pendency of trial.

It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged against unknown persons, under Section 363 IPC (for kidnapping), the girl of the informant aged about 17 years has been kidnapped by unknown persons. It is next contended that subsequently on same day, the girl was recovered on the information received to police by informant (mukhbir). In the statement recorded under Section 161 Cr.P.C., there is no allegation for sexual offence or teasing/remark against the applicant. It is next contended by learned counsel for the applicant that in her statement recorded under Section 164 Cr.P.C., the story has been changed, in which there is also no allegation for sexual offence against the applicant. It is next contended that the applicant was implicated in the present case on the basis of the girl's statement to the effect that he teased the girl in the bus. It is next contended that there is no allegation of conversion from Hindu to Muslim against the applicant and only it is alleged that threat was extended by Mehtab Alam from Dubai and therefore, no offence under the provision of Unlawful Religious Conversion Act is attracted in the present case. It is also contended that the co-accused Mohammad Naim, whose role is identical to the applicant has already been released on bail by this Court vide order dated 21.09.2021 in criminal misc. bail application no.18678 of 2021, hence, the applicant is also entitled to be released on bail on the ground of parity. It is lastly contended that the applicant has no other criminal history. He is in jail since 27.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.