Allowed

Mohd. Sadab Ahmad v. State of U.P.

Allahabad HC19 Oct 2022BAIL/35953/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application concerns Mohd. Sadab Ahmad, accused of rape under Section 376 IPC and other offences. The High Court granted bail on a personal bond and two sureties, citing overcrowding concerns and noting prima facie satisfaction regarding the charge, while clarifying no opinion on the case's ultimate merits was formed.

What did the court decide?

Application allowed; applicant released on bail with personal bond and two sureties of Rs. 2 Lakh each.

Mohd. Sadab Ahmad Vs State of U.P. — Labour and Industrial Disputes | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35953 of 2022

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Applicant :- Mohd. Sadab Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.,Harish Chandra Mishra

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Shiv Kumar Singh, learned counsel for the applicant, Sri Harish Chandra Mishra, learned counsel for the opposite party, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that as per first information report as well as statement recorded u/s 161 Cr.P.C., the victim has not made any allegation regarding rape against the applicant while recording the statement u/s 164 Cr.P.C., the victim change her version. It is further submitted that victim is major and she was working with applicant last two years. It is next contended that victim has denied for her medical examination. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.04.2022. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the opposite party as well as learned A.G.A. has vehemently opposed the prayer.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Mohd. Sadab Ahmad , be released on bail in Case Crime No. 430 of 2021, under Sections- 323, 354Ga, 376, 504, 506 IPC and Section 67 Information Technology Act, Police Station- Nawabad, District- Jhansi, on furnishing a personal bond and two sureties of Rs. Two Lac each (One should be of a family member) before the magistrate/court concerned, subject to following conditions:-

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(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.

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(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.

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(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.

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(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.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 19.10.2022 Arti

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Digitally signed by ARTI SHARMA Date: 2022.10.21 10:34:06 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Sadab Ahmad v. State of U.P.

Case brief

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Mohd. Sadab Ahmad v. State of U.P.

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