The Court allowed the bail application of an applicant accused of rape and related offences. The applicant was granted release on a personal bond and two sureties upon furnishing standard bail conditions.
Release of applicant on bail with a personal bond and two sureties subject to specified conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8596 of 2022
Applicant :- Mohd. Zaid Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Mohammad Aon,Sanjeet Kumar Mishra
Counsel for Opposite Party :- G.A.,Ashutosh Singh
Hon'ble Mayank Kumar Jain,J.
Learned counsel for the applicant has filed supplementary affidavit, which is taken on record.
Heard learned counsel for the applicant, learned counsel for informant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 286 of 2021, under Section 457, 376, 427 of IPC, Police Station Mandali, District Meerut, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. As per the allegation made in the FIR, the applicant entered into the house of informant in the midnight of 16.08.2021 at about 12.30 a.m. and outraged her modesty and also committed rape with her. It is submitted that the alleged incident took place on 16.08.2021 and its FIR was lodged on 19.08.2021 without any explanation. It is next submitted that the victim/informant is married lady aged about 30 years, who has falsely implicated the applicant with malafide intention. There are material contradictions in her statement under Section 164 Cr.P.C and in the FIR version. In fact no such type of incident was occurred with the informant, this fact was also clear that the informant has not stated single word regarding the rape, when the police of dial 112 was reached on the spot on 16/17.08.2021, wherein she has stated that some person came in the house for robbery. During medical examination the victim/informant has denied for internal examination of her body and only external examination was conducted by the doctor. It is also submitted that during trial, learned trial court has recorded the statements of Naushad P.W. 2, Salauddin PW. 3, Shahnul P.W. 4 and Mohd. Rajauddin P.W. 5, in which they have turned hostile. It is further submitted that applicant is languishing in jail since 06.01.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mohd. Zaid in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount 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 :- 28.1.2023 v.k.updh.
Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused for rape and other offences, is entitled to bail despite serious allegations.
Mohd. Zaid
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
