The Allahabad High Court has allowed the bail to activist Parvez Parwaz in connection with a Gang rape case of Gorakhpur.
The Division Bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam passed this order while hearing a Criminal Appeal filed by Parvez Parwaz.
The application has been filed to release the applicant/ appellant on bail in Session Trial, arising out of Case under Section 376D of IPC, Police Station- Rajghat, District- Gorakhpur.
Contention of the counsel for the applicant/appellant is that the applicant/appellant is innocent and has been falsely implicated in the case.
Counsel for the applicant/appellant further stated that the statement of DW-1 and PW-5 the erstwhile Investigating Officer and the subsequent Investigating Officer saw then there were inconsistencies in the site plan. Further it has been argued that the F.I.R. was lodged by the brother of the victim on the dictation of the victim.
It has been further stated that there were inconsistencies in the age as was given by the subsequent Investigating Officer PW-5 and the age as was actually given by the victim. What is more, it has been stated that there is no injury on the person of the victim, the incident occurred in the open place in the month of June at about 10:30 pm.
Counsel for the appellant thereafter relying upon the judgment of the Supreme Court in Anil Ari vs State of West Bengal reported in (2009) 11 SCC 363 has submitted that the appellant was 68 years of age and at the time of incident he was around 63 years of age.
With regard to the criminal history pointed out by the A.G.A, counsel for the appellant has stated that with regard to the Case was filed in the High Court and the proceedings were stayed by the order dated 19.11.2009.
In rebuttal, AGA has opposed the bail application but could not deny the fact that the applicant/appellant had no noticeable criminal history prior to the incident and also he could not deny the fact that the applicant/appellant is around 68 years of age.
“We have perused the judgement and records of the lower court with the assistance of the counsel for the parties. We are of the opinion that the sentence awarded by the trial court be kept in abeyance in respect of applicant/appellant and the applicant/appellant be enlarged on bail”, the Court observed while allowing the bail application.
“Without expressing any opinion on the merit of the case, let the applicant/appellant, Parvez Parwaz, convicted and sentenced in the aforesaid case, be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
The recovery of the fine shall remain till the decision of the appeal”, the Court ordered.