Mohd. Naki Hasan @ Bledi Driver vs State Of U.P. And Another
2023 Latest Caselaw 7331 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51690 of 2022
 

 
Applicant :- Mohd. Naki Hasan @ Bledi Driver
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Raja Ullah Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard learned counsel for applicant and learned A.G.A. for State.

2. Applicant-Mohd. Naki Hasan alias Bledi Driver, has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 27.09.2022, passed by Sessions Judge, Shahjahanpur, in Case Crime No.151 of 2021, under Sections 452, 376(2)(g), 506 I.P.C., Police Station Sadar Bazar, District Shahjahanpur.

3. In the present case FIR was lodged by victim under above referred Sections of IPC on 04.03.2021 alleging an incident occurred in the year 1994 and repeated for almost two years continuously. Victim got married, however, DNA of applicant was matched with child born to victim which resulted in disturbance of her family life.

4. Learned counsel for applicant submits that there is a huge delay of almost 26 years in lodging of FIR which itself is a sufficient ground for bail. He also placed reliance on Supreme Court?s judgment in Manoj and others vs. State of Madhya Pradesh, 2022 0 Supreme (SC) 500 that DNA report may not be treated as a conclusive proof regarding determination of parentage. He also pointed out that there are material contradictions in statement of victim recorded under Sections 161 and 164 Cr.P.C.

5. Learned AGA appearing for State submits that since till date the statement of victim has not been recorded, therefore, in case bail is granted, there is likelihood that applicant may influence the victim. He further submits that there is no dispute that DNA was of applicant which was matched with DNA of child born to victim.

6. Considering above submissions and that though FIR was lodged after a delay of almost two and half decades, however, considering that DNA of applicant was matched with child, no case of bail is made out at this stage. The applicant is permitted to approach Trial Court after statement of victim is recorded. Accordingly, this application is disposed of with direction to Trial Court to record statement of victim expeditiously, preferably within a period of four weeks from today.

Order Date :- 14.3.2023

AK