The Allahabad High Court granted bail to Zeeshan, a second-time applicant, in a case involving rape and kidnapping charges. The court held prima facie that a case for bail was made out despite serious allegations.
Release on bail by furnishing a personal bond and two local sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:131195
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21527 of 2023
Applicant :- Zeeshan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Sri Girish Chandra Maurya and Sri Om Prakash, Advocates, have filed their Vakalatnama on behalf of opposite party no.2 in Court today, the same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
This is second bail application on behalf of the applicant as the first application for bail has been rejected vide order dated 12.01.2023 passed in Criminal Misc. Bail Application No. 40174 of 2022.
The present bail application has been filed on behalf of applicant in Case Crime No. 530 of 2021, under Sections 363, 376-D, 323,506 I.P.C. and Section 5/6 POCSO Act, Police Station Phase-2 Noida, District Gautambudh Nagar with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. It is submitted that after rejection of the first bail application the statement of prosecutrix was recorded as prosecution witness on 20.04.2023, wherein she made allegation of rape against co-accused Arav only. She specifically stated that except Arav none has committed rape with her. So far as her statement recorded under Section 161 Cr.P.C. is concerned, it was given under the pressure of police. It is further submitted that co-accused Akash has been granted bail by the coordinate Bench of this Court vide order dated 09.05.2023 passed in Criminal Misc. Bail Application No. 872 of 2023. Learned counsel for applicant lastly submits that applicant is in jail since 24.06.2022 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Per contra learned A.G.A. assisted by learned counsel for opposite party no.2 vehemently opposed the prayer for bail but could not dispute the aforesaid aspect of the matter.
Considering the submissions made by learned counsel for applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, at this stage, prima facie , a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant, Zeeshan , involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 4.7.2023
Prajapati
Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 363, 376-D, 323, 506 IPC and POCSO Act.
Zeeshan
State Of U.P.
Mayank Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
