Allahabad High Court
Intezar @ Babu vs State Of U.P. on 28 April, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36960 of 2020 Applicant :- Intezar @ Babu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Krishna,Anup Swaroop Srivastava,Ratish Kumar Singh,Saleem Ahmad Counsel for Opposite Party :- G.A.,Ch. Dil Nisar Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present second bail application has been filed by the applicant in Case Crime No. 328 of 2018, under Sections 376, 504, 506 I.P.C., Police Station Kotwali Mandi, District Saharanpur, with the prayer to enlarge the applicant on bail. The first bail application of the applicant was rejected by this Court vide order dated 7.2.2020, passed in Criminal Misc Bail Application No. 5813 of 2019.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that victim is a major lady, aged 22 years, and she was a consenting party. The allegations made regarding alleged abortion, are false and baseless and the same are not supported by any medical evidence. Learned counsel has pointed out case diary, wherein, Investigating Officer has not found any such doctor, who might have done abortion of victim. It is further submitted that victim was a major lady, aged 22 years, and it is not probable that she might have remained with applicant for so long period without her own free will. During that period, she has never made any complaint. It was also submitted that in fact, prosecutrix has performed Nikah with applicant. It is further submitted that first bail application of the applicant was rejected by this Court vide order dated 7.2.2020 and that statements of four witnesses, including prosecutrix, have already been recorded before the trial court but there are a number of formal witness, who are yet to be examined, and thus, there is no possibility of early disposal of the trial, whereas, applicant is languishing in jail since 17.11.2018 and thus, he has already undergone the custody of about 4 and a half years. It is submitted that applicant has no criminal antecedents and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. and learned counsel for the informant have opposed the bail application and argued that the first bail application of the applicant has already been rejected on merits. There are allegations of rape against the applicant. It was submitted that all the witnesses of fact have already been examined before the trial court.
Considering the submissions of learned counsel for the parties, nature of accusations, all attending facts and circumstances of the case, particularly the period of detention of applicant, 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 Intezar @ Babu, 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:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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.
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 :- 28.4.2023 Suraj