Allowed

Ekhlak Ahmad v. State of U.P.

Allahabad HC19 Nov 2022BAIL/44743/2022

Case brief

AI extract

What is this about?

The court considered a bail application in a sexual offence case. Noting the victim's hostile examination and contrary statement regarding police pressure in an earlier affidavit, the court held that a prima facie case for bail was made out and allowed it.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two reliable sureties of the like amount.

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

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44743 of 2022

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Applicant :- Ekhlak Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Nirvikalp Pandey 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. 170 of 2022, under Sections 376, 313, 323, 504, 506 IPC, Police Station Kotwali, District Mau, 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 instant case has been registered on an application under Section 156(3) CrPC, in which, it has been categorically stated that the victim is a widow lady and about four years ago, she had gone to attend marriage of her relative, where the applicant met her and agreed to marry her and thereafter, for a period of four years, he continued to make consensual physical relations with her and on account of said physical relations, she had also conceived, however subsequently, the applicant refused to marry her.

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Learned counsel for the applicant has next submitted that the victim is a major widow lady and is having three children and was in consensual physical relations with the applicant for the last more than four years and it is alleged that the applicant under the pretext of marrying her, had made physical relations with her and subsequently, he refused to marry her, as such, present proceedings has been initiated against the applicant.

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Learned counsel for the applicant has next submitted that during the course of trial, the victim has also been examined and she has not supported the prosecution story at all and has been declared hostile. On her attention being drawn to her statement shown to be recorded under Section 164 CrPC, she has categorically stated that said statement was given by her under the

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pressure of the police. Even, she has denied the fact that the applicant, under the pretext of marriage, had made physical relations with her. Looking to the fact that the victim is a major widow lady and is consenting party, prima facie a case for bail is made out.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 21.08.2022 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 witnesses, as such, he may 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 the victim is a major widow lady and she has made consensual physical relations with the applicant. During the course of trial, she has not supported the prosecution story at all and has been declared hostile. The applicant is in jail since 21.08.2022 and has no criminal history to his credit.

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Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the victim is a major widow lady and was in consensual physical relations with the applicant and the said relationship continued for the last more than four years and she had also conceived. Further, during the course of trial, the victim has not supported the prosecution story at all and has been declared hostile. On her attention being drawn to her statement shown to be recorded under Section 164 CrPC, she has stated that the said statement was given by her under the pressure of the police. Even in the cross-examination, she has stated that the applicant had not made physical relations with her under the pretext of marrying her.

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In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Ekhlak Ahmad be released on bail in the aforesaid case 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

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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. Order Date :- 19.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.22 12:02:21 IST Reason: Location: High Court of Judicature at Allahabad

Ekhlak Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ekhlak Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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