Single judge allowed bail to the applicant in a rape case under Sections 376, 504, and 506 IPC. The court applied the precedent from Dataram Singh, noting insufficient meritorious opinion but granting bail subject to strict conditions and local sureties.
Release on bail by furnishing a personal bond and two local sureties each of the like amount.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2569 of 2020
Applicant :- Jam Jam Raza Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Hussain,Sikandar Raza,Syed Faiz Hasnain Counsel for Opposite Party :- G.A.,Sri Manoj Kumar Singh
Hon'ble Deepak Verma,J.
Heard Sri Syed Faiz Hasnain, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 295 of 2019, registered under Sections 376, 504 & 506 I.P.C. Police Station- Sadar Bajar, District- Shahjahanpur, during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that applicant is aged more than 20 years and victim as per medical aged about 19 years. As per F.I.R. version, victim and applicant became friends through face book online portal. Applicant pressurized her to meet in the hotel where he committed rape upon her. It is argued that medical report does not support the prosecution case. He next argued that vide order dated 07.01.2020, applicant was released on interim bail for a period of three months. Thereafter on 27.01.2021, he surrendered himself before the learned Chief Judicial Magistrate, Shahjahanpur. 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 applicant has no criminal history.
Per contra, learned A.G.A. as well as learned A.G.A. have opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the 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 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Jam Jam Raza , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.12.2021 Sachin/-
2 issues framed by the court
Whether the applicant is entitled to bail in a rape case considering the weight of prosecution evidence and lack of criminal history.
Whether the applicant satisfies the conditions of bail without a realistic prospect of fleeing or tampering with witnesses.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶10
(2018) 3 SCC 22 · Who else cites this
Jam Jam Raza
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
