Shahid And 2 Others vs State Of U.P.
2014 Latest Caselaw 5427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28099 of 2014
 

 
Applicant :- Shahid And 2 Others
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Kumar Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicants, Akhilendra Yadav, learned counsel for the complainant and learned AGA for the State and perused the material on record.

By means of this application, the applicants who are involved in case crime no. 218 of 2014, under Sections 363, 366, 376 IPC and 3/4 Protection of Children from Sexual Offences Act, P.S. Ramgarh, District Firozabad are seeking enlargement on bail during the trial.

Learned counsel for the applicants submitted that the prosecutrix Ashma as per medical; opinion is major. She in her statement  recorded under Section 164 Cr.P.C.  (Anneuxre -4) has totally denied the prosecution case as spelt out in the FIR. She has not made any allegation of rape against the applicant. In view of the above, the  applicants who have no criminal antecedents to their credit and are in jail since 03.06.2014 are entitled to be enlarged on bail during the pendency of trial.

Per contra learned AGA  and Sri Akhilendra Yadav, learned counsel for the complainant has vehemently opposed the prayer for bail. Sri Akhilendra Yadav, learned counsel for the applicant submitted that prosecutrix as per her date of birth recorded in her school leaving certificate was aged about 17 years on the date of occurrence.

In reply Sri Rajesh Srivastava, learned counsel for the applicant submitted that prosecutrix has neither made any allegation of enticing, abduction or rape against him in her statement recorded under Section 164 Cr.P.C.

Considering the submissions made by learned counsel for the applicants as well as  learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.

In view of the above, let the applicants- Shahid, Akbar Badshah and Smt. Shahin  be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 218 of 2014, under Sections 363, 366, 376 IPC and 3/4 Protection of Children from Sexual Offences Act, P.S. Ramgarh, District Firozabad with the following conditions:-

(a) The applicants shall attend the court according to the conditions of the bond executed by them;

(b) The applicants 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.

Order Date :- 1.9.2014

Abhishek Sri.