Allahabad High Court
Naved Ansari @ Bablu vs State Of U.P. on 6 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:192602
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38503 of 2023
Applicant :- Naved Ansari @ Bablu
Opposite Party :- State of U.P.
Counsel for Applicant :- Shivangi Bhargava,Ajay Kumar Srivastava
Counsel for Opposite Party :- G.A.,Krishna Kumar Shukla
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Ms. Shivangi Bhargava, learned counsel for the applicant; Shri Krishna Kumar Shukla, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Naved Ansari @ Bablu, with a prayer to release him on bail in Case Crime No. 453 of 2023, under Sections 376(2)n,420 IPC and section 67 I.T. Act Police Station Baradari, District- Bareilly, during pendency of trial.
There are allegations against the applicant of committing repeated offence of rape, cheating and also offence under section 67 I.T. Act.Learned counsel for the applicant has submitted that from the statements of the victim recorded under sections 161 and 164 I.P.C. it is clear that marriage of the victim was settled with applicant and before marriage they entered into physical relationship.In the meantime, applicant made incriminating video of the victim.She has further submitted that from the counter affidavit filed by learned A.G.A. there is no evidence brought on record as to from which source the incriminating video was made viral.There is only allegation in this regard. The applicant is in jail since 22.6.2023 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but they have not been able to prove before the court from which source incriminating video was made viral.
After considering the rival submissions this court finds that victim is major and aged about 26 years.Implication of other co-accused found false by the investigating officer.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.10.2023
Atul kr. sri.
