Allowed

Sarfaraz Alam v. State of U.P.

Allahabad HC15 Nov 2022BAIL/42412/2022

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail Application, the High Court considered the bail plea of an applicant detained under sections pertaining to rape and sexual exploitation. The Court noted the victim's majority, a four-year delay in FIR registration, and lack of recovered immaterial evidence, ultimately allowing bail.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties, subject to conditions for attending trial and not tampering with witnesses.

Sarfaraz Alam Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42412 of 2022

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Applicant :- Sarfaraz Alam Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This bail application has been filed by the applicant seeking bail in Case Crime No. 18 of 2022, under Section 376(2)(n), 354ga, 328, 506 IPC, Police Station Dashashwamedh, District Varanasi, during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next submitted that even according to the prosecution own case, the victim is a major, aged about 25 years and it is alleged that in the year 2018, the applicant, under the pretext of meeting her brother, had visited at her house and by giving some intoxicant substance, clicked her some objectionable photographs and thereafter, on the basis of making said objectionable photograph viral, the applicant used to take her at different places and committed rape on her and whenever, she tried to object to this act, the applicant, by showing her objectionable photographs, used to exploit her, as such, she did not disclose this fact to anyone and on 10.02.2022, instant FIR has been lodged against the applicant with the delay of almost four years.

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Learned counsel for the applicant has next submitted that even during the course of investigation, no objectionable photographs or videos has been recovered by the police from the possession of the applicant. Even according to the statement of the victim, she visited at different places with the applicant and made physical relations with him and on 10.02.2022, she also visited a hotel, where the applicant is said to have committed rape on her.

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Learned counsel for the applicant has next submitted that the victim is a major, aged about 25 years and was in fact the consensual party and the vital delay in lodging the instant FIR is totally unexplained.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 22.02.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the evidence, as such, he be released on bail.

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Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that during the course of investigation, no recovery of any objectionable photographs or video has been made by the police from the possession of the applicant and the instant FIR has been lodged after vital delay of almost four years.

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Having considered the rival submissions made by learned counsel for the parties and from perusal of the record, it is evident that the victim is a major, aged about 25 years. The allegation against the applicant is that in the year 2018, the applicant, under the pretext of meeting her brother, had visited at her house and by giving some intoxicant substance, clicked her some objectionable photographs and thereafter, under the threat of making the said videos or photographs viral, the applicant had committed rape on her, however, during the course of investigation, no objectionable photograph or video has been recovered by the police from the possession of the applicant.

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Even according to the prosecution own case, the victim had visited several places with the applicant and also had gone to the hotel, where the applicant is said to have committed rape on her but did not disclose this fact to anyone. There is vital delay of almost four years in lodging the instant FIR and this delay has not been suitably explained worth credence.

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The investigation has already been completed and the charge-sheet has also been submitted. The applicant is in jail since 22.02.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the evidence.

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In the backdrop of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Sarfaraz Alam be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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The applicant shall not tamper with the witnesses.

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The applicant shall not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 15.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.15 17:37:20 IST Reason: Location: High Court of Judicature at Allahabad

Sarfaraz Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sarfaraz Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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