Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21649 of 2021 Applicant :- Aarish Mohiuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Istyak Khan,Sheikh Saaduddin Sazaly Counsel for Opposite Party :- G.A.,Sudhanshu Pandey
Hon'ble Om Prakash-VII,J.
Heard Shri A.Z. Khan holding brief for Shri Istyak Khan, learned counsel for the applicant, Shri Sudhanshu Pandey, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Victim was major lady. It is further submitted that F.I.R. was lodged on 22.9.2020 without disclosing the date of offence. If entire prosecution case is taken into consideration then also offence is said to have been committed way back two and a half years from the date of lodging the F.I.R.. Nothing is on record to show the video clip or indecent photographs said to have been prepared by the applicant. She was in love and affair with the applicant and was a consenting party. It is further submitted that the Investigating Officer has specifically put question to the victim but she did not make clear date, time and place of the incident. Thus, referring to the entire evidence annexed with the application it is further submitted that the applicant has no criminal history and is languishing in jail since 19.3.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as the learned AGA opposed the prayer for bail and submitted that though victim was major lady yet she was sexually exploited by the applicant by providing obnoxious substance. Victim has supported the prosecution case in her statement recorded under Sections 161 and 164 CrPC. A prima facie case is made out.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record.
A perusal of the record shows that date and place of occurrence have not been disclosed in the F.I.R.. F.I.R. was lodged after two and half years of the alleged incident. Victim was major and she herself has admitted that she was in contact with the applicant. Hence, considering the entire facts and circumstances of the case and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC, 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 Aarish Mohiuddin involved in Case Crime No. 735 of 2020, under Sections 328, 366, 376, 386, 506 IPC, P.S. Colonelganj, District - Prayagraj 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 safi Digitally signed by OM PRAKASH Date: 2021.10.01 09:49:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad