Allahabad High Court
Shah Alam vs State Of U.P. And Another on 9 July, 2019
Bench: Umesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25373 of 2019
Applicant :- Shah Alam
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- A.Z.Khan
Counsel for Opposite Party :- G.A.,Mohd. Aslam
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the informant/opposite party no.2, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 101 of 2019, under Sections 452, 504, 506, 376 I.P.C. and 3/4 POCSO Act, Police Station-Nagal,, District-Saharanpur.
Learned counsel for the applicant contended that as per first information report, on 23.04.2019 at about 11.30 P.M. in the night, informant and his wife were sleeping on the roof of their residence. The prosecutrix aged about 17 years was also sleeping in the room at the same residence. The door of the said room was opened. Applicant having knife entered into the room of the prosecutrix and attempted to outrage her modesty. First information report was lodged under Sections 354, 504, 506, 452 and 7/8 POCSO Act on the next day at about 12.25 P.M. Later on, on the basis of statement of the prosecutrix offence under Section 376 I.P.C. was added. Learned counsel for the applicant further contended that prosecutrix is major. As per medical report, her age is about 19 years. All the Epiphysis of her wrist joint were fused. There was no any allegation of rape against the applicant in the first information report. Prosecutrix by leagal advice in her statement under Section 164 Cr.P.C. had made false allegation of rape against the applicant and co-accused Meharban. It is proved by the record of C.C.T.V. Camera that co-accused Meharban was not present at the spot. Accordingly, police has submitted final report against co-accused Meharban. Co-accused Meharban is maternal uncle (mama) of the applicant. There is no any injury on the person of prosecutrix. Medical report does not support the version of prosecution of rape on the prosecutrix as in vaginal smear no spermatozoa either alive or dead was found. Applicant is languishing in jail since 20.05.2019 having no criminal antecedents.
Learned A.G.A. and learned counsel for the informant/opposite party no. 2 have opposed the prayer for bail and contended that as per medical report there is one abrasion on the shoulder of the prosecutrix. Prosecutrix in her statement under Section 164 Cr.P.C. supported the version of rape on her. Learned A.G.A. admitted this fact that against co-accused Meharban police has submitted the final report.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Shah Alam, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed.
Order Date :- 9.7.2019
AKT
