Allowed

Arif Khan v. State of U.P.

Allahabad HC8 Dec 2020BAIL/40202/2020

Case brief

AI extract

What is this about?

The Allahabad High Court, in a criminal bail application, allowed bail to the applicant arrested under Section 376 IPC for alleged rape. Despite the grave nature of the offence, the court found it a fit case for bail without expressing an opinion on merits, directing the release subject to standard conditions.

What did the court decide?

Release of the applicant on bail on executing a personal bond and furnishing two sureties subject to specific conditions.

Arif Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40202 of 2020

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Applicant :- Arif Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Arif Khan in connection with Case Crime No.178 of 2019, under Section 376(2) (n), 506, 120-B I.P.C., Police Station Kotwali, district Basti.

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The first information report of this incident was lodged by the victim herself against the applicant. It was alleged in the first information report that the applicant had committed rape with her on 10.05.2018 when she was all alone in her house. It was further alleged in the first information report that the applicant has assured that he will marry with the alleged victim but he did not marry with the complainant and committed rape for further one year on the false assurance of marrying her.

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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 incident is alleged to have taken on 10.05.2018 and the first information report of this incident was lodged on 30.03.2019. He further submitted that the applicant had tried to solemnize marry with the alleged victim and he has got prepared the papers, photocopies whereof have been annexed on page no.27 onwards of the paper book. He further that there is no injury on the person of the alleged victim. He submitted that the alleged victim was in consensual relationship with the applicant. He submitted that the alleged victim is major. He submitted that the applicant is languishing in jail since 17.09.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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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.

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Accordingly, the bail application stands allowed.

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Let the applicant Arif Khan 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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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;

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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.

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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.

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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.

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Order Date :- 8.12.2020

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R./

Arif Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arif Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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