Allahabad High Court
Naved vs State Of U.P. on 19 May, 2015
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
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A.F.R.
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 949 of 2015
Applicant :- Naved
Opposite Party :- State Of U.P.
Counsel for Applicant :- Irfan U. Huda,Mrs. Nuzhat Parveen
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J.
Supplementary affidavit filed today which is taken on record.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
Learned counsel for the applicant has drawn the attention of the court to the statement of the girl Nida Parveen recorded by the Magistrate u/s 164 Cr.P.C. The submission of the counsel for the applicant is that from perusal of the statement of the girl it reveals that the entire allegations are chiefly leveled against the co-accused Naim who is the brother of the applicant. There is a long background and history of relationship and the girl Nida Parveen and the applicant's brother were at the verge of contracting marriage with each other, but later on the applicant's brother got married with a different girl and the girl also got married. The submission is that the applicant's brother blackmailed the girl and also showed her obscene photographs to her husband, who divorced her because of the same. The statement also reveals that thereafter the applicant's brother Naim persuaded the girl to come along with him and promised to delete the obscene pictures and to eliminate the record of the same. Submission of the counsel is that thereafter it is said that the applicant's bother raped the girl and the applicant is also said to have participated along with his brother in the said act. The submission is that the participation in the act of rape by two real brothers together is on the face of it an improbable act and unlikely to take place. The counsel has also emphasized upon that part of the statement of the girl in which she has in so many words stated that before the incident in question the applicant never did anything wrong with her or got indulged in any objectionable activity. Submission of the counsel is that it is highly unnatural and improbable that the applicant would all of sudden become so monstrous that he would commit such an egregious crime and that too along with his real brother. The submission is that actually as the applicant's brother is responsible to ruin the life of the girl she in order to wreak vengeance has falsely implicated the applicant. In the facts and circumstances of the case, the case of the applicant is clearly distinguishable from the case of co-accused against whom the main allegation of blackmailing the girl and bringing ruin to her life has been made. It has also been submitted that the applicant is languishing in jail since 31.8.2014 and has spent a long period of incarceration in jail. It has also been pointed out that the accused is not having any criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Naved, involved in Case Crime No. 192 of 2014, u/s 376 (Gha),506, 292 (E) IPC, P.S.-Mahila Thana, District-Meerut be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 19.5.2015
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