Allowed

Hasim v. State of U.P.

Allahabad HC11 May 2023BAIL/11074/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application in a rape case. Considering that the victim was a major girl and had previously filed an FIR under Section 376 IPC against another person, the court observed that the applicant was entitled to bail without expressing an opinion on the merits of the charges.

What did the court decide?

The applicant Hasim was released on bail on furnishing a personal bond and two sureties, subject to standard conditions.

Hasim Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:102656

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11074 of 2023

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Applicant :- Hasim Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Imran Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri V. M. Zaidi, learned Senior Counsel assisted by Sri Imran Khan learned counsel for the applicant and Sri Amit Kumar Shukla, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 455 of 2022, under Sections 376, 323, 506 IPC, Police Station Thana Bhavan, District Shamli, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant under sections 376, 323, 506 IPC and according to the FIR on 4.11.2022 under the false promise to perform marriage, applicant had taken the victim at his home and thereafter he committed rape with her.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and modus operendi of the informant is to implicate innocent person and another such FIR was lodged by her against another person in the year 2020 on 27.6.2020 at P.S. Thana Bhawan District Shamli under sections 376, 354Ga, 506 IPC which has been annexed as SA-1 to the supplementary affidavit. He further submitted that even from the perusal of the FIR and statements of the victim recorded under sections 161 and 164 Cr.P.C, it appears that totally false story has been narrated by her and no reliance can be placed on such version. He further submitted that admittedly victim is a major girl. He next submitted that applicant is not having any previous criminal history and he is in jail in the present matter since 5.11.2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim is major girl and earlier also in the year 2020 she had lodged an FIR under section 376 IPC against some other person.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, there is allegation of rape against the applicant in the FIR as well as in both the statements of the victim/informant recorded under sections 161 and 164 Cr.P.C. but victim admittedly is a major lady and it appears from the record that earlier also in the year 2020 any she lodged FIR under section 376 IPC against some other person at P.S. Thana Bhawan, District Shamli at case crime No. 179 of 2020, therefore, considering the facts and circumstances of the case, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Hasim be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 11.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Hasim v. State of U.P.

Case brief

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Hasim v. State of U.P.

Case brief

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