Allahabad High Court
Waseem vs State Of U.P. And Another on 5 March, 2020
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6519 of 2020 Applicant :- Waseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Case called out. None appears for the opposite party no.2 despite service of notice upon the opposite party no.2.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.1032 of 2018 under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Baradari, District Bareilly, 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 and that incident has been shown of 29.07.2018 whereas F.I.R. was lodged on 02.08.2018. It was stated that victim remained with applicant for about one year and visited several places but during the long period of one year, she has never made any complaint. It was submitted that victim girl, in her statement recorded under Section 161 Cr.P.C., has not made any allegation of kidnapping or rape against the applicant, rather she stated that she has gone with applicant at her own will and she has solemnized Nikah on 17.10.2018 with applicant and thereafter they lived as husband and wife. It was further submitted that victim girl in her statement recorded under Section 164 Cr.P.C., has made false allegation of kidnapping and rape against the applicant and she has not clarified that on which date and at which particular place, alleged rape was committed. As per report of Chief Medical Officer, Bareilly age of victim girl is 18 years. It has been lastly argued that applicant is languishing in jail since 22.07.2019 and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim, in her statement recorded under Section 164 Cr.P.C., has made allegation of kidnapping and rape against applicant.
Keeping in view submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let applicant Waseem involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
Order Date :- 5.3.2020 S.Ali