High Court · 2022

The main substratum of argument of learned counsel for the appellant is that the appellant is owner and driver of vehicle in question. He used to drive his own car on rent. The appellant has no concern with the co-accused persons of this case as well as the victims. The vehicle in question was booked by opposite party no. 2/victim no. 1 for Nainital from Bareilly and there is no allegation of molestation or rape on the victims against the appellant, therefore, case of present appellant is distinguishable from the case of co-accused Naved, Sajid and Irfan. Referring to the statements of victim no. 1 - Sunita and victim no. 2 - Riya @ Ruby under Section 161 and 164 Cr.P.C., it is pointed out that they have made allegation of rape on them against Naved, Sajid and Irfan. So far as present appellant Nadeem is concerned, the victims did not make allegation of rape or molestation against him and victim no. 2 has clearly stated that the appellant was beaten by the co-accused person and he is innocent. It is also pointed out that victim no. 3 - Isha Sagar did not get her statement under Section 164 Cr.P.C. recorded as no rape was committed on her. The appellant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant ;eeing away from the judicial process or tampering with the prosecution evidence. The appellant is languishing in jail since 01.02.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned A.G.A. and learned counsel appearing on behalf of the informant opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter as argued on behalf of the appellant. Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the o?ence, evidence, complicity of the accused, severity of punishment as well as considering the statement of both the aforesaid victims under Section 164 Cr.P.C. which are more reliable at this stage, I 5nd that case of the appellant is distinguishable from the case of co-accused Naved, Sajid and Irfan because victims did not make allegation of rape or misdeed against him and victim no. 2 has clearly stated that the appellant is innocent, this Court is of the view that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order su?ers from in5rmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Let the appellant - Nadeem involved in the above Case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be veri5ed. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date 5xed, unless personal presence is exempted. (iv) The appellant shall not commit an o?ence similar to the o?ence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police oBcer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Observations made here in above is con5ned to the prayer for bail only and it will not e?ect the merit of the trial. It is made clear that parity/bene5t of this order shall not be extended to other co-accused, namely, Naved, Sajid and Irfan against whom serious allegations of rape, etc. have been levelled by the victims. Order Date :- 4.8.2022 Shubham KUMAR AGRAHARI Reason: Location: High Court of Judicature at Allahabad