Shakib vs State Of U.P.
2016 Latest Caselaw 6089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32173 of 2016
 

 
Applicant :- Shakib
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- R.P.S. Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Applicant- Shakib seeks bail in Case Crime No.246 of 2016, under Sections 363, 366, 376  IPC  and 3/4 the Protection of Children from Sexual Offences Act, Police Station Civil Lines, District  Rampur.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

It is submitted by the learned counsel for the applicant that according to the F.I.R. the applicant and three other persons are said to have abducted minor sister of the complainant aged about 15 years on 21.4.2016 at 4.30 P.M. The F.I.R. was lodged under sections 363, 366 I.P.C. Later on the statement of the victim was recorded under sections 161 Cr.P.C. and 164 Cr.P.C. and in her statements she has contended that she went with the applicant on her own sweet will so no offence has been committed by the applicant. It is further contended that even from the medical report no sign of rape has been found by the doctor and her age is found about 18 years.  After investigation other accused persons were exonerated and only the charge sheet has been submitted against the  applicant. The applicant is languishing in jail since 25.4.2016 and has no criminal history to his credit, hence he deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at this stage, the applicant does not  deserve any indulgence. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and shall flee away from the judicial process.

Having considered the nature of accusation, severity of punishment but without expressing any opinion on the merits of the case, let the applicant Shakib involved in aforesaid crime 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 that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. He will cooperate in the trial bonafidely without seeking adjournments.

3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court

Order Date :- 22.9.2016

RU