Allahabad High Court
Asim Raza Khan Alias Monu vs State Of U.P. And Another on 19 October, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9609 of 2022
Applicant :- Asim Raza Khan Alias Monu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nabi Ullah,Syed Aslam Ali
Counsel for Opposite Party :- G.A.,Ajai Kumar
Hon'ble Krishan Pahal,J.
Heard Sri Awadhesh Kumar Srivastava, Advocate holding brief of Sri Nabi Ullah, learned counsel for the applicant, Sri Vibhav Anand Singh, learned Additional Government Advocate for the State and perused the records.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.310 of 2020, under Sections 376 and 506 IPC at Police Station- Bilari, District Moradabad with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant is stated to have met the first informant about four years before lodging of the FIR and is stated to have entered into corporeal relationship with her. The applicant is stated to have taken her to Nainital on a sojourn. It is also alleged in the FIR that the applicant had usurped an amount of Rs.1,80,000/- from the informant on the pretext of buying a car and is also stated to have got her aborted of the pregnancy she conceived out of the said relationship with the applicant. It is also alleged in the FIR that the applicant had got the said act recorded and had threatened her to make it viral on social media.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Learned counsel has further stated that after detailed investigation, a closure report was filed by the investigating officer. The informant had filed a protest petition, as such, learned Magistrate was pleased to order for further investigation and interestingly he had directed the investigating officer to file a final report (charge-sheet) against the applicant. Learned counsel has further stated that the said order is bad in law and cannot be sustained. Learned counsel has further stated that the victim is a consenting party and she has lodged the present FIR after the applicant has refused to marry her after a long relationship of four years. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.
Learned counsel for the applicant has further placed much reliance on the judgments of Apex Court passed in case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another reported in 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, reported in 2022 SCC OnLine SC 886, wherein it has been stated that entering into any kind of corporeal relationship with a person on the pretext of getting marriage cannot be termed as rape.
Per contra, learned AGA and Sri Ajai Kumar Garg, learned counsel for the informant have vehemently opposed the anticipatory bail application on the ground that already non bailable warrant has been issued against the applicant and even the proceedings under Section 82 Cr.P.C. have been initiated. Learned counsel for the informant has further stated that the said order of filing the charge-sheet passed by the Magistrate has been challenged by the applicant in this Court, which is pending. Although, they could not dispute the fact that the victim and the applicant had been entered into corporeal relationship for a period of four years.
Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.
Accordingly, the anticipatory bail application is disposed of with following directions:-
(A) In the event of arrest of the applicant- Asim Raza Khan Alias Monu involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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 them from disclosing such facts to the Court or to any police officer; and
(D) The applicant shall not leave India without the previous permission of the Court.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 19.10.2022
Ravi Kant
