Allahabad High Court
Owais vs State Of U.P. And 3 Others on 24 November, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43950 of 2022 Applicant :- Owais Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The applicant is involved in Case Crime No. 260 of 2022, under Sections 376 AB, & 506 IPC and Section 5M/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sambhal Kotwali, District Sambhal.
Learned counsel for applicant has submitted that the applicant is innocent and has falsely implicated in this case. Further submission is that the FIR of this case was lodged by the mother of the victim against the applicant under Sections 376 AB, & 506 IPC and Section 5M/6 of the Protection of Children from Sexual Offences Act, 2012. But in the statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. no allegation of rape has been levelled nor any witness has supported the case of the prosecution. The first informant, who is the mother of victim, has stated that FIR of this case was lodged by her in a heat of passion against the applicant under Section 376 IPC. The applicant is in jail since 22.07.2022. Learned counsel for the applicant has further submitted that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State vehemently opposed the prayer for bail. It is submitted that according to the statement of CWC Gaurav Sharma, who has stated that although the incident has happened but due to political influence, no one dare to come forward to depose before the applicant. The victim is a minor girl aged about six years. Therefore, there is no illegality in the bail rejection order, hence the applicant is not entitled for bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I fine that it is a fit case for grant of bail of applicant.
Bail Application is allowed.
Let applicant (Owais) be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 24.11.2022 Virendra