Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42090

of 2020

Applicant :- Dr.Tufail Ahmad

Opposite Party :- State of U.P.

Counsel for Applicant :- Sadaful Islam Jafri,Matiur Rehman

Khan,Nazrul Islam Jafri(Senior Adv.)

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the material on record.

By means of this application, the applicant who is involved in

Case Crime No.655 of 2020, under Section 376 (2) (D) I.P.C.,

P.S. Qwarsi, District Aligarh, seeking enlargement on bail

during the trial.

F.I.R. of the incident was lodged by the informant wherein it

was mentioned that she is resident of Narangabad Chhawani,

Police Station Gandhi Park and is doing job in Delhi. It was

further alleged that on 20.07.2020 she was admitted in Pt. Deen

Dayal Hospital and her Corona report was found positive on

21.07.2020. Dr. Tufail Ahmad (the applicant) came for her

check up and he misbehaved with her.

Learned counsel has submitted that the present accused is quite

innocent and he has been falsely implicated in the present case.

He further submits that the applicant is a Doctor and that

neither there is any allegation of rape in the F.I.R. nor in the

statements of the victim recorded under Sections 161 and 164

Cr.P.C. He further submits that the incident has taken place in

the hospital, where all the para medical staff remain present

when the Doctor visits the patient and the alleged victim was in

COVID ward, where other patients were also admitted. He

further submits one of the patient has given her statement that

no such incident has taken place, copy of which is at page No.

52 of the paper book and the said the lady was lying side by

side with the victim. He lastly submitted that the applicant, who

is in jail since 22.07.2020 and has no criminal antecedents to

his credit is entitled to be enlarged on bail during pendency of

the trial.

The prayer for bail has been vehemently opposed by learned

A.G.A.

Keeping in view the nature of the offence, evidence, complicity

of the accused, severity of the punishment, submissions of

learned counsel for the parties and without expressing any

opinion on the merits of the case, this Court is of the view that

the applicant is entitled to be enlarged on bail during the

pendency of the trial.

Let the applicant, Dr. Tufail Ahmad be released on bail in the

aforesaid case on his executing a personal bond and furnishing

two sureties each in the like amount to the satisfaction of the

court concerned subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the

trial pending before the court concerned on the date fixed after

release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail

period.

It is further directed that the identity, status and residence proof

of the sureties be verified by the authorities concerned before

they are accepted.

In case of breach of any of the above conditions, the trial court

will be at liberty to cancel the bail.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad,

self attested by learned counsel for the applicant along with a

self attested identity proof of the said persons (preferably

Aadhar Card) mentioning the mobile number (s) to which the

said Aadhar Card is linked before the concerned

Court/Authority/Official.

The concerned Court/Authority/Official shall verify the

authenticity of such computerized copy of the order from the

official website of High Court Allahabad and shall make a

declaration of such verification in writing.

Order Date :- 19.7.2021

S.Ali