Disposed

Imran Khan v. State of U.P. Thru. Prin.Secy/Addl. Chief Secy. Home

Allahabad HC22 Mar 2023/133/2023

Case brief

AI extract

What is this about?

The application for bail was filed by Imran Khan in a case under Sections 376 and 506 IPC. An interim bail was previously granted conditional upon marriage. On the subsequent hearing, after the applicant and informant produced evidence of marriage, the interim bail was converted into regular bail for the pendency of the trial.

What did the court decide?

Regular bail for the period of pendency of the trial.

Imran Khan Vs State of U.P. Thru. Prin.Secy/Addl. Chief… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 133 of 2023

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Applicant :- Imran Khan Opposite Party :- State Of U.P. Thru. Prin.Secy/Addl. Chief Secy. Home Counsel for Applicant :- Ashutosh Pratap Singh Counsel for Opposite Party :- G.A.,Rudra Mani Shukla

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Ashutosh Pratap Singh, learned counsel for the applicant, Mr. Vipul Gupta, learned A.G.A. for the State and Mr. Rudra Mani Shukla, learned counsel for the informant.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.623 of 2022, under Sections 376 and 506 I.P.C., registered at Police Station Lalganj, District Pratapgarh.

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On 15.02.2023, this court has passed the following order:

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"Heard learned counsel for the applicant, learned AGA and Sri Rudra Mani Shukla, who has filed counter affidavit on behalf of informant / prosecutrix, same is taken on record.

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The informant / prosecutrix is present in person.

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As per learned counsel, the present applicant is in jail since 1.10.2022 in Case Crime No. 623 of 2022 u/s 376, 506 IPC, P.S. Lalganj, District Pratapgarh. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

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The informant / prosecutrix has stated that she is in affairs with the applicant for last two yers and the applicant is willing to get married with her. When she visited to the jail to meet him the applicant assured her that as soon as he comes out from the jail he shall marry with her immediately. He has also assured that he shall live with her at Delhi where he is living for the purposes of his livelihood. She has also informed that the family members of the accused applicant are not agreeable with this marriage, therefore, they use to harass her quite often.

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Learned counsel for the applicant as well as counsel for the informant has also stated the same story. Learned counsel for the applicant has stated on the basis of instructions from his

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client that he is ready to get married with her as soon as he comes out from the jail. Learned AGA opposed but could not dispute the aforesaid submissions of learned counsel for the applicant and informant.

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Be that as it may, since the present applicant is willing to marry with the prosecutrix, the prosecutrix is herself saying that she is also willing to get married with him, therefore, I find it appropriate that the present applicant may be released from jail on interim bail for a period of one month on furnishing two sureties of like amount and personal bond of Rs. 20,000/-. As soon as he comes out from jail on the interim bail, he shall immediately marry with the informant / prosecutrix within seven days, thereafter the marriage shall be registered before the competent authority in respect of marriage registration within two weeks thereafter.

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On the next date the accused applicant and the informant / prosecutrix shall appear before the Court to apprise as to whether they have got married. They shall also show the marriage certificate to the Court on the next date.

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List this case on 22.3.2023.

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The S.H.O., P.S. Lalganj, District Pratapgarh shall ensure the presence of accused-applicant and the informant / prosecutrix on the next date.

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Learned AGA shall intimate this order to the S.H.O., P.S. Lalganj, District Pratapgarh through whatsapp, telephonicall, e-mode or any other convenient mode for compliance of the order.

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The interim bail may be extended or vacated after considering the conduct of the applicant on the next date. "

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In compliance of the order dated 15.02.2023, the applicantImran Khan and the informant Reshma Bano are present before this court and they have been identified by their respective learned counsels.

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The applicant and the informant both have stated that they have contracted a marriage with each other on 28.02.2023 and that they are living with each other as husband and wife and thereafter the aforesaid facts have been verified before Notary Public also.

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As per the aforesaid averments made by the informant and the applicant the interim bail dated 11.05.2023 is made absolute

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and it is provided that the appellant will remain enlarged on bail during pendency of the trial.

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The bail application is disposed of accordingly.

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(Subhash Vidyarthi, J.)

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Order Date :- 22.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Imran Khan v. State of U.P. Thru. Prin.Secy/Addl. Chief Secy. Home

Case brief

What is this about?

What did the court decide?

Imran Khan v. State of U.P. Thru. Prin.Secy/Addl. Chief Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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