Allowed

Mehfooz Khan v. State of U.P.

Allahabad HC18 Aug 2018BAIL/31122/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The court released the applicant on a personal bond and two sureties subject to conditions regarding tampering with evidence, pressuring witnesses, and attending trial dates.

What did the court decide?

Release of the applicant on a personal bond and two reliable sureties subject to conditions not to tamper with evidence, pressure witnesses, or fail to appear in court.

Mehfooz Khan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31122 of 2018 Applicant :- Mehfooz Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Amit Rai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No.465 of 2015, under Sections 376, 323, 504, 506 IPC, Police Station Afzalgarh, District Bijnor, with the prayer to release him on bail.

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Submission of learned counsel for the applicant is that the prosecutrix is aged about 20 years as per medical report and as per her school records she is about 22 years of age. It is argued that the first information report has been lodged by the prosecutrix wherein it is stated that she had relations with the applicant for the past seven years and in the pretext of marrying her, the applicant had established physical relations with her. The applicant went to Saudi Arabia for his livelihood and from there also he was sending maintenance and some amount to her and now she has come to know that the applicant wants to marry some other girl. It is argued that the victim is a grownup girl and is presumed to know the consequences of premarital sex. Lastly, it is stated that the applicant is languishing in jail since 4.7.2018 having no criminal history.

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Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let applicant Mehfooz Khan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-

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(1) The applicant shall not tamper with the prosecution evidence;

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(2) The applicant shall not pressurize the prosecution witnesses;

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(3) The applicant shall appear on the date fixed by the trial Court.

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In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 18.8.2018 Hasnain

Mehfooz Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mehfooz Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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