Allahabad High Court
Faizan vs State Of U.P. Through Its Principal ... on 10 May, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:101411 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2767 of 2022 Applicant :- Faizan Opposite Party :- State Of U.P. Through Its Principal Secretary And 3 Other Counsel for Applicant :- M J Akhtar,Sr. Advocate Counsel for Opposite Party :- G.A.,Amit Krishna Hon'ble Raj Beer Singh,J.
1. Heard Sri M. J. Akhtar, learned senior Advocate for the applicant, Sri Amit Krishna, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The present second bail application has been filed by the applicant in Case Crime No. 194 of 2020, under Sections 376, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Najibabad, District Bijnor, with the prayer to enlarge the applicant on bail. First bail application of the application was rejected by co-ordinate Bench of this Court vide order dated 05.07.2021 passed in Criminal Misc. Bail Application No. 32327 of 2020.
3. Learned senior counsel appearing for applicant submitted that applicant is innocent and he has not committed any offence. Referring to the statements of victim, recorded under Sections 161 and 164 Cr.P.C. as well as statements of other witnesses, it was submitted that attending facts and circumstances of the case clearly show that the victim was a consenting party and in fact, she has performed 'nikah' with the applicant on 08.01.2019. The copy of 'nikahnama' has been annexed as Annexure-12 to this bail application. The first information report was lodged by the informant making false and baseless allegations. The victim girl has made allegations of rape against the applicant under pressure of her family members. In her statement under Section 164 Cr.P.C., she has admitted that her signatures were also obtained, which goes to support her 'nikah' with applicant. Though, as per High School certificate, age of victim is about 17 years but as per ossification test, her age has been shown as 18 years and the facts of the matter show that she was a major girl and she has performed 'nikah' with the applicant with her own free will. The first bail application of the applicant was rejected on 05.07.2021 and that applicant has already undergone custody of about 2 years, 10 months but no substantial progress has been made in trial so far. It is further submitted that applicant is languishing in since 20.07.2020 and that the trial of the case is likely to take sufficient long time. Lastly, it is submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
4. Learned counsel for the informant submits that both the parties have settled the matter and thus, bail application of applicant is not being opposed.
5. Learned A.G.A. has opposed the prayer of bail.
6. Considering the submissions of learned counsel for the parties, nature of accusations, 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.
7. Let the applicant Faizan, involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i). The applicant shall not tamper with the evidence during the trial.
(ii). The applicant shall not pressurize/intimidate the prosecution witness.
(iii). The applicant shall appear before the Trial Court on the date fixed, unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v). 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 10.5.2023 Suraj