Allahabad High Court
Azam (Second Bail Application) vs State Of U.P. & Anr. on 10 November, 2020
Equivalent citations: AIRONLINE 2020 ALL 2202
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 30 Case :- BAIL No. - 3184 of 2020 Applicant :- Azam (Second Bail Application) Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Vineet Kumar Mishra,Malti Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
In pursuance of the order dated 14.07.2020 and 11.09.2020, the notice has been served on the opposite party No.2. In this regard, learned A.G.A. placed the letter of Mr. Shivram Kushwaha, Circle Officer, Hardoi, dated 20.03.2020, the same is taken on record but no one has put in appearance on behalf of opposite party No.2.
The present bail application has been filed on behalf of the applicant in Case Crime No.400 of 2019 under Sections 363, 366, 376-D I.P.C and Section 3 (2) (5)/3 (2) (5A) SC/ST, Act and 3/4 POCSO Act, Police Station-Bilgram, District-Hardoi, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 31.10.2019. It is further submitted on behalf of applicant that the applicant has been falsely implicated in the present case, merely on the basis of presumption by father of prosecutrix. He further submits that the FIR was lodged on 12.08.2019 with the allegation that the prosecutrix was found missing since, 08.08.2019 and search was made by the informant, then the FIR was lodged merely on the basis of suspicion. He further submits that after the aforesaid FIR, the prosecutrix came back and her statement under Section 161 Cr.P.C. was recorded on 15.08.2019 in which she categorically stated that on 08.08.2019 at about 3:00 p.m., Sanu made a call to her and called at Bilagram crossing, as a result, she went there. Thereafter, both went to Mumbai via Unnao and stayed there. He further submits that the prosecutrix was medically examined and in her radiological examination, her age was found 17 years and thereafter, her statement under Section 164 Cr.P.C. was recorded on 22.08.2019 in which she changed her version and alleged that on the date of incident, she was forced to go by Sanu, Ajam, Shamshad and Banne.
Learned counsel for the applicant further submits that after recovery, statement of prosecutrix was recorded under Section 161 Cr.P.C. by the Investigating Officer in which she categorically stated that she went with Sanu, but under pressure, she has taken the name of applicant and other accused persons. The applicant has been falsely implicated only being a friend of Sanu. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that in the statement under Section 161 Cr.P.C, the name of applicant was taken by the prosecutrix and general allegations have been levelled against the accused-persons for rape but he has fairly conceded that the prosecutrix was recovered on 15.11.2019 and thereafter, her statement under Section 161 Cr.P.C. was recorded in which she stated that she went with Sanu.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Azam- be released on bail in Case Crime No.400 of 2019 under Sections 363, 366, 376-D I.P.C and Section 3 (2) (5)/3 (2) (5A) SC/ST, Act and 3/4 POCSO Act, Police Station-Bilgram, District-Hardoi, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
The trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment.
Office is directed to communicate this order to the trial court for necessary compliance, forthwith.
Order Date :- 10.11.2020/Amit/-