Sazid @ Mota vs State Of U.P.
2016 Latest Caselaw 3048 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13383 of 2016
 

 
Applicant :- Sazid @ Mota
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sushil Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the applicant, learned counsel for the informant Sri Ayank Mishra, learned AGA and perused the record.

According to FIR, victim/ informant had willingly gone with accused persons and at the time of lodging the FIR, she had not informed the police about her enmity with accused persons. In this prompt FIR, she had levelled allegation of rape with her by five persons but no spermatozoa was found in vaginal smear taken immediately after the alleged incident. Although, the bail was opposed by the counsel for the informant and AGA stating it to be a case of gang rape, but they have not denied this information submitted by applicant side that a few month earlier to alleged incident in question, informant's brother was sent to jail for committing rape with sister of one of the accused and the enmity is still subsisting.

Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, the applicant appears entitled for bail.

Let the applicant Sazid @ Mota, involved in case crime no. 466 of 2013 under Section 376(2)g IPC, P.S. Shahpur, District Muzaffar Nagar be released on bail on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Order Date :- 26.5.2016

Sanjeev