Wasi Rahman @ Mohd. Wasi Vs State of U.P.

Neutral Citation No. - 2023:AHC:212414

Court No. - 71

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11840 of 2023

Applicant :- Wasi Rahman @ Mohd. Wasi Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ahmed Faizan,Sr. Advocate,Zaheer Asghar Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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1.Supplementary affidavits filed today is taken on record.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0943 of 2023, under sections 376. 506 IPC, P.S. Kotwali City, District Bijnor, during the pendency of trial.

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As per contents of the FIR, victim and applicant came in closeness through Instagram about 9 months ago and both agreed to solemnize marriage and they visited several places along with applicant and developed physical relationships and lateron applicant refused to solemnize marriage.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. Learned counsel for the applicant submits that applicant never made promise to marry the victim. It is further submitted that as per FIR and the statement of the victim under Section 164 Cr.P.C. the victim herself admitted that she had fallen in love with the applicant for the last nine months and went with the applicant at different places and hotels, as such no offence is made out against the applicant as alleged against him and it shall be presumed that physical relationships were made between the parties only with her consent and they were consenting party. It is further submitted that the medical report shows no injuries on the person of the victim. The applicant is having definite apprehension that he may be

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arrested by the police any time. It is further submitted that applicant is a student and has no criminal history.

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Learned AGA has opposed the prayer for bail, but could not dispute the said facts.

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Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Wasi Rahman @ Mohd. Wasi involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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(2) 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 him from disclosing such facts to the Court or to any police officer; and

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(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

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(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

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(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to

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treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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(7) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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With the aforesaid observations/ directions, the application stands disposed of. Order Date :- 6.11.2023 RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Wasi Rahman @ Mohd. Wasi v. State of U.P.

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Wasi Rahman @ Mohd. Wasi v. State of U.P.

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