Allahabad High Court
Laek vs State Of U.P. on 21 July, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23821 of 2016
Applicant :- Laek
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
As per prosecution story on 29.02.2016 at about 12:30 in the night some unknown miscreants entered in the house of complainant and looted various ornaments and other items mentioned in the F.I.R. Unnamed F.I.R was lodged on 07.03.2016. Name of the accused-applicant was suspected alongwith other co-accused and they confessed the crime of this case and they also confessed that Gulam Nabi and Laek also committed rape with the wife of complainant on 03.03.2016. Statement of complainant ? Smt. Phool-jahan was recorded under Section 164 Cr.P.C and in that she supported the case of rape.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R and further submitted that confessional statement of accused is there and after the confessional statement of accused further story was developed by the prosecution by getting statement of wife of complainant recorded under Section 164 Cr.P.C for corroborating statement made by the accused. It is further submitted that whole story is false and on that basis applicant was cooked up in forged story.
Considering the submissions made by the parties as well as perused the statement given by Smt. Phool-jahan and also perused the recovery memo in which confessional statement said to have been given and the whole story regarding rape is seems to be doubtful.
After confessional statement of co-accused, statement of prosecutrix under Section 164 Cr.P.C was got recorded.
It is next contended that the applicant is in jail since 21.4.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicant ? Laek involved in Case Crime No. 79 of 2016, under Sections 395, 376-D, 412 of I.P.C, Police Station ? Bilari, District ? Moradabad, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 21.07.2016.
Vinod
