Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22921 of 2021 Applicant :- Imran Ansari Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. (Order on Exemption Application) The application is allowed.
(Order on Bail Application) Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 172/2020, under Sections 376, 323, 504, 506, 427 I.P.C., Police Station-Dakshin Tola, District-Mau during the pendency of trial.
As per the prosecution case in brief, victim Rukhsar Zareen lodged F.I.R. on 18.08.2020 for the offence under Sections 376, 323, 504, 506, 427 (subsequently added) I.P.C. against Imran Ansari (applicant), Anwar Ahmad and Rizwan Ahmad alleging inter alia that the applicant on the pretext of marriage cajoled her and forcibly made physical relation. Thereafter, he refused for marriage.
It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case. In fact, victim is a married lady and name of her husband is Seraj, but she did not disclosed this fact in the F.I.R. It is pointed out that first time she disclosed the name of her husband in her statement before the trial court. It is next submitted that in the trial victim has been examined as PW-1, but did not support the prosecution case and became hostile. Copy of her statement dated 05.12.2020 has been brought on record as Annexure No. 2 to the affidavit filed in support of bail application. It is also submitted that earlier also victim had made allegation of rape against other persons in order to settle her personal score. It is further submitted that victim has not been medically examined in the present case. The applicant has no criminal history and he is languishing in jail since 22.08.2020. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute that victim is major and she is a married lady, but this fact has been concealed by her in the F.I.R. She has not supported the prosecution case before the trial court.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that since victim is a married lady and does not support the prosecution case in her statement and became hostile, therefore, considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Imran Ansari be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.29 17:05:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad