HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 9129 of 2015 Applicant :- Shahid Raza Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 19 years. In fact at the time of the alleged incident the victim was major and a consenting party with co-accused Mohd. Saleem. It has further been submitted that the victim remained with co-accused Mohd. Saleem for about 15 days at different places but during this period she did not make any hue and cry to save herself. The applicant has no concern with the alleged incident. False allegation has been made against the applicant. It has further been submitted that co-accused Mohd. Saleem @ Moin, Mohsin @ Muslim having identical role have already been granted bail by another bench of this Court vide order dated 9.10.2015 and 23.9.2015 respectively, therefore, the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 10.8.2015.
Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that co-accused having identical role have already been granted bail .
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shahid Raza involved in Case Crime No. 711 of 2015, under Section 376-D IPC P.S. Kotwali Nagar, District Bahraich be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.Bareilly
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.
Order Date :- 13.10.2015 A.