Allahabad High Court
Akram vs State Of U.P. And 3 Others on 28 March, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5247 of 2023 Applicant :- Akram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. Learned AGA has informed that notice has already been served upon the informant.
The present bail application has been filed by the applicant in case crime No. 80/2022, under Sections 363, 504, 506, 376 IPC & Section 3/4 of POCSO Act, police station Khekra, district Baghpat with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has not committed any offence. Alleged incident has been shown of 16.02.2022 and first information report was lodged on 18.02.2022. In her statement, recorded under Section 161 Cr.P.C., victim girl has stated that she has gone with applicant to Bihar with her own free will and that on 21.02.2022 they have performed 'Nikah' in a mosque and while they were returning back, she was apprehended by the police. The victim was produced for her medical examination but she has refused for her medical examination and again reiterated that she has gone with applicant with her own free will and she has performed 'Nikah' with him and no physical relations were established with her. It was further submitted that in her statement, recorded under Section 164 Cr.P.C., victim girl has developed an entirely a new story and stated that applicant has trespassed into her house and he administered some intoxicant in her food and resultantly she became unconscious and he took her to Bihar by a train and established physical relations with her forcibly. She has also stated that applicant is already married and he has taken her by telling lie and he did not tell about his marriage and children. It was stated that as per school record, the date of birth of victim is 29.02.2004 and at the time of alleged incident, she was only a few days less than 18 years. The ossification test of the victim has not been conducted. Referring to the facts of the matter, it was submitted that in fact victim is a major girl and that she has made allegations of kidnapping and rape in her statement under Section 164 Cr.P.C. under pressure of her family members. The allegations of victim are thoroughly improbable. Lastly, it was submitted that the applicant is in judicial custody since 08.03.2022, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Akram involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of 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.
In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.
Order Date :- 28.3.2023 Anand