The Allahabad High Court recently granted bail to a person accused of raping two girls.
A single bench of Justice Dinesh Kumar Singh passed this order while hearing a criminal misc bail application filed by Akhlaq Khan.
This bail application has been moved for seeking bail under Sections 376-D, 506 & 341 of I.P.C. and Section 67A of I.T. Act, P.S. Bahedi, District Bareilly.
The FIR, which was lodged by Jalil Ahmad, in which it has been stated that on November 17, 2019, at about 02:00 PM, his daughter Seema aged about 17 years and niece Arshi aged about 14 years had gone to Nange Miya for the purpose of treatment.
On the way, co-accused Wasim had lifted them away to a field of sugarcane where at gunpoint, all the accused named in the FIR raped both the victims and made a video and all accused had threatened both victims that if any complaint was made, the video would be made viral.
It has been argued by the counsel for the applicant that applicant has been falsely implicated in this case due to some land dispute between his father and the father of the victim. It is further argued that the radiological age of Seema is found to be 20 years and the age of Arshi is found to be 18 years. As per medical examination report, no external injury is found to have been sustained by both victims but their hymen was found torn and healed.
It was submitted that the victims had turned hostile before the lower court and the accused has no criminal history, and he is in jail since November 22, 2019 and if the bail is granted then he “will not misuse the liberty of the bail”.
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It is further argued that in statement under Section 164 Cr.P.C., both victims have taken the name of applicant being involved in commission of rape but in statement before the Court below as PW1, victim Seema has taken the name of co-accused Nazim and Wasim only while regarding rest of the accused, she stated that she had seen them for the first time and turned hostile.
A.G.A. has opposed the bail but has not controverted the aforesaid facts.
“Looking to the fact that both the victims have turned hostile before the trial court, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail”.
-the order reads,
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The applicant Akhlaq Khan 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 :-
- The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
- The applicant shall cooperate in the trial sincerely without seeking any adjournment.
- The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.