Allahabad High Court
Abdul Rehman vs State Of U.P. on 2 December, 2019
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 11586 of 2019 Applicant :- Abdul Rehman Opposite Party :- State of U.P. Counsel for Applicant :- Chandresh Mani Shukla,Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Irshad Ali,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in F.I.R. No. 130 of 2019, under Sections 363, 365, 366, 376-D and 506 IPC and Section 5/6 POCSO Act, Police Station Chhapia, District Gonda.
The submissions of learned counsel for the applicant are 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 16.10.2019. Learned counsel for the applicant submits that the present applicant is father of Israil, who has already been granted bail by this Court vide order dated 1.10.2019, passed in Bail No.9668 of 2019 (Israil Vs. State of U.P.). Therefore, his submission is that the present applicant is also entitled to be enlarged on bail.
Submission of the learned counsel for the applicant is that after recovery of the prosecutrix, she was handed over to her family, where she was tutored and, as such, under pressure, she has changed her version in her statement under Section 164 Cr.P.C., which was recorded on 27th May, 2019. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
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. Accordingly, the application is allowed.
Let applicant - Abdul Rehman be released on bail in F.I.R. No. 130 of 2019 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.
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.
Order Date :- 2.12.2019 Gautam