Allahabad High Court
Irfan Ali vs State Of U.P. on 20 May, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 5072 of 2021
Applicant :- Irfan Ali
Opposite Party :- State of U.P.
Counsel for Applicant :- Neeraj Singh
Counsel for Opposite Party :- G.A.
(At Residence)
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out through video conferencing.
The present bail application is filed on behalf of the accused-applicant- Irfan Ali, who is involved in Case Crime No.19 of 2021, under Sections 376 of I.P.C., registered at Police Station- Safipur, District- Unnao.
Learned counsel Sri Neeraj Singh, Advocate appears through video conferencing in virtual hearing on behalf of bail-applicant.
Learned A.G.A. Sri Anoop Kumar, Advocate on behalf of State also appears through video conferencing in virtual hearing of the case. As he has received the instructions in the matter, he is ready to argue the case on the basis of case dairy and other relevant materials available with him.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Additional Sessions Judge/Fast Track Court No.1, Unnao vide order dated 9.3.2021.
Learned counsel for the bail applicant reading over the F.I.R. submitted that the present accused-applicant is 22 years old young boy, whereas the complainant, the alleged victim having her date of birth 12.08.1992 as recorded in her High School passing certificate is of more than 28 years.
Learned counsel for the bail applicant further submitted that the allegation of the complainant as to the promise to marry and on the pretext of such promise to establish sexual relation with her on the part of the present accused-applicant is nothing but false implication, however, the parties are acquainted to each other.
Learned counsel for the bail applicant further submitted that a negotiation recently commenced with regard to marriage of present accused-applicant by his family with the family of the complainant but the same could not be concluded by reason of large difference of age between the applicant and the complainant. The present complaint is made by complainant with a view to force and pressurize the applicant to marry with her.
Learned counsel for the applicant further submitted in para-14 of the affidavit filed in support of the bail application that the applicant has firmly stated that no physical relation has been developed between the applicant and complainant and there is no evidence in this regard.
Learned counsel for the applicant further submitted that present accused-applicant is a young man having bright future and probability of bright carrier but he is languishing in jail since 28.1.2021 for no fault of him. Learned counsel for the applicant further submitted that the accused-applicant is ready and willing to participate in the trial and shall abide himself from the order of the court in this regard.
Learned counsel for the applicant further submitted that the accused-applicant has no criminal antecedent, therefore, if he is released on bail there is no possibility or apprehension to temper with the evidence or to adversely influence or put under threat the witnesses of the case.
Learned counsel for the bail applicant lastly submitted that the investigation has already been completed and charge-sheet is submitted in the court concerned, therefore, the accused-applicant is deserves to be granted bail.
Learned A.G.A. in protest of the bail application submitted that the complainant has asserted repeatedly as to the physical relations with the present accused-applicant on the pretext of marrying her and a promise was continuously given for three years and ultimately the same was refused, as such the act of the present accused-applicant comes under the definition of rape. However, learned A.G.A. has no rebuttal to the fact that the complainant has not produced any evidence of any contact or relation with the present accused-applicant in form of messages, letters or whatsapp. It is further not rebutted that the entire investigation has completed and terminated into submission of chargesheet in the court concerned. The difference of age between the applicant and the complainant is also not rebutted.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties, without making any comment on merit as to the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment, I find it to be a fit case for granting bail.
Let applicant (Irfan Ali), involved in Case Crime No.19 of 2021, under Sections 376 of I.P.C., registered at Police Station- Safipur, District- Unnao be released on bail on his furnishing personal bond of Rs.50,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) 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.
(iii) In case, the applicant misuse 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.5.2021
Gaurav/-
