Allahabad High Court
Danish Khan vs State Of U.P. on 10 January, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47394 of 2022
Applicant :- Danish Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Raja Ullah Khan
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
Heard Sri Raja Ullah Khan, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No. 403 of 2022, under Sections 328, 342, 376-D, 506 of IPC, Section 67 of I.T. Act and Sections 3/5(1) of Uttar Pradesh Prohibition Unlawful Conversion of Religion Act, 2020, Police Station Kotwali, District Shahjahanpur, during the pendency of trial.
As per prosecution story, the applicant is stated to have entered into corporeal relationship with the informant by impersonating himself as Avinash for a period of nine years and later on, it was revealed that the actual name of the applicant was Danish Khan. The applicant is also stated to have refused to marry her after a certain period of time.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The allegations are false as after a period of time, both have fallen apart. Learned counsel has further stated that the victim is major and was a consenting party. Learned counsel has 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 married cannot be termed as rape. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. The applicant is languishing in jail since 20.08.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant on the ground that the applicant has impersonated himself by concealing his religion and is not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record and also considering the case laws of the Apex Court referred to, at this stage without expressing any opinion on the merits of the case, I find it a fit case for releasing the applicant on bail.
Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Danish Khan involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 10.1.2023
Siddhant
