Allahabad High Court
Ashwani Saini @ Anoop Saini vs State Of U.P. on 24 November, 2015
Bench: Bala Krishna Narayana
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- BAIL No. - 10659 of 2015
Applicant :- Ashwani Saini @ Anoop Saini
Opposite Party :- State Of U.P.
Counsel for Applicant :- Irshad Ali
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 667 of 2015, under Sections 342, 366A, 376 I.P.C. and section 5/6 POCSO Act, 2012, P.S. Kotwali, district-Unnao, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for the applicant that the first information report was lodged by the father of the prosecutrix Chandani after about six months from the date of her alleged procuration against one Shyama, paternal aunt (Bua) of the prosecutrix without any explanation for the inordinate delay in this regard. The applicant, Ashwani Saini is neither named in the F.I.R. nor in the statement of the prosecutrix recorded under Section 164 Cr.P.C. (annexure-4), in which she has alleged that one Anoop Saini has committed rape with her. He next submitted that after the submission of charge sheet the police without holding any test identification parade has illegally arrested the applicant and sent him to jail on the pretext that he is Anoop Saini, whereas there is absolutely no material on record indicating that the applicant's name is Anoop Saini alias Ashwani Saini as alleged by the prosecution. He further submitted that there is no material on record either connecting him or indicating at his complicity in the commission of the crime in question.
He lastly submitted that the applicant who has no criminal antecedent to his credit and is in jail since 05.10.2015 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGAopposedd the prayer for bail, however he has not been able to draw any attention of the Court which may indicate that the applicant, Ashwani Saini is Anoop Saini @ Anoop Saini is the same person against whom allegation of rape was made by the prosecutrix in her statement recorded under Section 164 Cr.P.C.
Considering the submissions made by learned counsel for the applicant 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 applicant- Ashwani Saini alias Anoop Saini be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 667 of 2015, under Sections 342, 366A, 376 I.P.C. and section 5/6 POCSO Act, P.S. Kotwali, district-Unnao with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.11.2015
Faridul
