Allahabad High Court
Mohd. Nasim S/O Mohammad Rafeeq ... vs State Of U.P. Thru. Addl. Chief ... on 28 July, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8356 of 2022
Applicant :- Mohd. Nasim S/O Mohammad Rafeeq Alias Buddhu
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko.
Counsel for Applicant :- Om Prakash Misra
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
On query being put, learned AGA has stated that he has complete instructions in the matter and he is ready to argue the case on merits. In these circumstances, this Court proceeded to hear the case on merits.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.153 of 2021,under Sections 376,504,506 I.P.C.,P.S. Harraiya, District Balrampur.
While pressing the application for bail, the submission of learned counsel for the applicant is that the applicant has falsely been implicated in the present case. It is further submitted that as per the F.I.R. the incident is of 26.09.2020 and for the purposes of lodging the present F.I.R. the informant/victim preferred an application under Section 156 (3) Cr.P.C. on 02.12.2020 and on the said application the competent Court has passed an order and in compliance of the order passed by the competent Court, the present F.I.R. was lodged on 29.10.2021 with in ordinate delay. He further submitted that the present F.I.R. has been lodged with oblique motive of creating pressure upon the applicant so as to marry with the victim. He further submitted that as per the F.I.R. itself, the applicant and the victim both are major and relationship between them is of about four years.
The victim is aged about 32 years and as per the F.I.R. itself, the physical relations were established with her consent. He further submitted that the victim was produced for the purpose of medical examination, but she herself refused to get her medically examined. In these circumstances, the applicant has not committed any crime. He further submitted that if the case of prosecution is taken on its face value in that event, it would be a case of false promise of marriage and this false promise of marriage was given only for the purpose of making physical relations is the subject matter of trial which can be decided by the trial court after considering the evidence adduced before it. In support of his submissions, learned counsel for the applicant has relied on the judgments of Apex Court in the case of Deepak Gulati Vs. State of Haryana; (2013) 7 Supreme Court Cases 675 and Sonu alias Subhash Kumar Vs. State of Uttar Pradesh and another; AIR 2021 SC 1405.
It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail. In these circumstances, the applicant, who is having no criminal history and is languishing in jail since 02.04.2022 and the possibility of conclusion of trial in near future is extremely bleak, is entitled to be released on bail.
Learned A.G.A. opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicant.
Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides as also the age of the victim and allegation related to performing the marriage with the victim and without entering into the merit of the case, the applicant is entitled to be released on bail.
Application is allowed.
Let the applicant Mohammad Nasim be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-
(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 fail 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 applicant 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 28.7.2022
Arjun/-
