Allahabad High Court
Anees Ahmad vs State Of U.P. And Another on 3 January, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29651 of 2022
Applicant :- Anees Ahmad
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kamal Kumar Singh,Dharnidhar Pandey,Neeraj Srivastava,Rayoof Ali
Counsel for Opposite Party :- G.A.,Amit Kumar Singh
And
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37481 of 2022
Applicant :- Anees Ahmad
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Kamal Kumar Singh,Dharnidhar Pandey
Counsel for Opposite Party :- G.A.,Amit Kumar Singh
Hon'ble Krishan Pahal,J.
Heard Sri Dharnidhar Pandey and Sri Neeraj Srivastava, Sri Rayoof Ali, learned counsels for the applicant and Sri Amit Kumar Singh, learned counsel for the informant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the record.
Applicant seeks bail in Case Crime No.103 of 2022, under Sections 376, 506, 507 I.P.C. & Section 5/6 of POCSO Act, Police Station Mehdawal, District Sant Kabir Nagar, during the pendency of trial.
As per prosecution story, the applicant is stated to have ravished the victim on the pretext of marrying her and is stated to have later on refused to comply with the said promise.
Learned counsels for the applicant have stated that the applicant is absolutely innocent and has been falsely implicated in the present. The victim is a consenting party although her age is below 18 years but above 17 years. Learned counsels have 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. Learned counsels have further stated that the provisions of POCSO Act should not come as an hindrance in the life of the persons nearing the majority. Learned counsels have further stated that as on date, the victim has become major and he is ready to marry her after release from jail. 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 is no criminal history of the applicant. The applicant is languishing in jail since 13/14.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Anees Ahmad involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant shall marry the victim, as promised, within two months from the date of release from jail.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
6. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 3.1.2023
Ravi Kant
