Allahabad High Court
Abdul Rab Shah vs State Of U.P. on 18 March, 2021
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- BAIL No. - 3074 of 2021
Applicant :- Abdul Rab Shah
Opposite Party :- State of U.P.
Counsel for Applicant :- Rehan Ahmad Siddiqui
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
As per the prosecution story, the prosecutrix who is aged about 23 years having physical relationship with the applicant for one year on the pretext of marriage, however, when he denied the marry the prosecutrix, F.I.R. has been lodged. It is further submitted that as per admission of the prosecutrix, she is 23 years old and as per the education record her date of birth is 31.07.1996.
It is further submitted that perusal of re-statement under Section 161 Cr.P.C. and 164 Cr.P.C., it is evident that the prosecutrix is a consenting party and and having physical relationship with him out of her own will and consent. The case of the applicant is squarely covered by the judgment of the Hon'ble Supreme Court reported in (2013) 7 SCC 675 "Deepak Gulati Vs. State of Haryana". The applicant is falsely implicated in the present case.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Abdul Rab Shah, involved in Case Crime/F.I.R. No. 236/2018, under Sections 376/506 IPC, Police Station - Gosainganj, District - Faizabad, 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 18.3.2021
R.C.
