Allahabad High Court
Kasif vs State Of U.P. And Another on 23 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:114228 Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45142 of 2020 Applicant :- Kasif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari,Aditya Prasad Mishra,Anand Ji Mishra,Kaushal Kumar Pandey,Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
The report of the C.J.M. Meerut indicate that service of notice upon opposite party no.2 has already been effected personally.
Heard learned counsel for the applicant, 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. 477 of 2020, under Section 376, 506 of I.P.C. and 3/4 POCSO Act and 67 Information Technology Act, Police Station Pallavpuram, 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. It is submitted that the first information report was lodged after delay of 20 days and the applicant was an employee with the informant. It is further submitted that as per medical report the hymen was found to be intact and the allegations made in the statement by the victim recorded under sections 161 Cr.P.C. and 164 Cr.P.C. are not corroborating with the medical report. It is also submitted that in the order of court ossification test report is received in which the age of the victim is 19 years as on 28.10.2022. Lastly it is submitted that applicant is languishing in jail since 06.10.2020 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 and submitted that the victim in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. categorically made specific allegations of committing rape against the applicant by threatening of making the video viral applicant repeatedly committed rape upon her.
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 Kasif 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 :- 23.5.2023 Gaurav