Mujiburrahman Khan @ Sheru Khan @ ... vs State Of U.P. And 3 Others
2023 Latest Caselaw 35845 ALL

Allahabad High Court

Mujiburrahman Khan @ Sheru Khan @ ... vs State Of U.P. And 3 Others on 19 December, 2023

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:240846
 
Court No. - 66
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50824 of 2023
 

 
Applicant :- Mujiburrahman Khan @ Sheru Khan @ Mojibur Rahman
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Saddam Husain,Mohammad Wadood,Mohd. Samiuzzaman Khan
 
Counsel for Opposite Party :- G.A.,Chakrasudan Dubey,Manoj Kumar
 

 
Hon'ble Pankaj Bhatia,J.
 

1. Heard, learned counsel for the applicant, learned AGA for the State, Shri Manoj Kumar, learned counsel appearing for the informant and perused the record.

2. The FIR in question was lodged alleging that applicant was in physical relation with victim for the last one year and has now refused marry with her.

3. In short, the submission was that on the false pretext of marriage, the applicant had entered into physical relation. In the statement under Section 161 Cr.P.C, she also stated that applicant was having relation with her for last one and half years. The Counsel for the applicant places strong reliance on the judgment of the Supreme Court in the case of Naim Ahamed vs. State (NCT of Delhi) reported in 2023 LiveLaw (SC) 66. Considering the material on record, prima facie transpires that on the pretext of marriage, applicant and informant were in physical relations.

4. Learned AGA as well as learned counsel for the informant have opposed the bail application.

5. Considering the law laid down in the case of Naim Ahamed vs. State (NCT of Delhi) (supra) and the averments contained in the FIR, the case for bail is made out. The applicant has no criminal history in his credit and is in jail since 21.09.2023. In view thereof, the application is allowed.

6. Let the applicant Mujiburrahman Khan @ Sheru Khan @ Mojibur Rahman be released on bail in FIR No.812 of 2023, under Section 376, 352, 504 IPC & Section 3/4 of Protection of Children from Sexual Offences Act-2012, P.S. Gulariha, District Gorakhpur on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 19.12.2023

Amit