The High Court discharged a personal bond for the applicant accused of kidnapping and obtaining sexual intercourse, granting bail despite the severity of the charges, on conditions including attending trials and not tampering with evidence.
Applicant released on bail on executing a personal bond and furnishing two sureties with specific conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36558 of 2020
Applicant :- Ahtesham Ali@ Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Sufia Saba, Abdul Majeed Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Ahtesham Ali Urf Bholu in connection with Case Crime No.051 of 2019, under Sections 344, 366, 376-D, 504, 506 I.P.C., P.S. Baradari, District Bareilly.
The first information report to this incident was lodged by the complainant regarding disappearance of his daughter, aged about 23 years. It was also mentioned in the first information report that on 09.01.2019 when the daughter of the complainant had gone to attend the college then she was enticed away by the applicant and since then she is missing. It was further mentioned in the first information report that the applicant had called the complainant on 10.01.2019 and stated that he had kidnapped her daughter and she is in his custody.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged victim had married with the applicant, copy of Nikahnama has been annexed at page no.36 of the paper book and the English translation has been annexed at page no.32 of the paper book. He further submitted that the alleged victim was major and was in consensual relationship with the applicant. She had left her parental house on her own sweet will and gone with the applicant to Delhi and she has invoked the jurisdiction of the Delhi High Court by claiming protection and the Delhi High Court has granted protection to the alleged victim and the applicant. He submitted that the applicant is languishing in jail since 13.03.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ahtesham Ali Urf Bholu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of
the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 7.12.2020
R./
1 issue framed by the court
Whether the bail application in respect of the applicant charged under Sections 344, 366, 376-D, 504, 506 I.P.C. is maintainable.
Ahtesham Ali@ Bholu
Ajit Singh
A.G.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
