Saif Ali Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:110814

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17784 of 2023

Applicant :- Saif Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A.,Mohd. Zaid,Pratik J. Nagar

¶5

Hon'ble Sameer Jain,J.

¶6

Sri Jhamman Ram, learned AGA for the State apprised the Court that on 25.3.2023 notice has been served to the informant of the case.

¶7

Despite service of notice, none appeared on behalf of the informant.

¶8

Heard Sri V.P. Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

¶9

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 654 of 2022, under Sections 376, 506 IPC & 3/4 POCSO Act, Police Station- Amroha Nagar, District- Amroha, during pendency of the trial in the court below.

¶10

FIR of the present case was lodged on 1.12.2022 against the applicant and another co-accused Sazaul and according to the FIR, on 24.11.2022 when informant had gone along with her bhabhi at the house of her friend then at the house of her friend, applicant committed rape with her and co-accused Sazaul committed rape with her bhabhi as her friend was not at her home.

¶11

Learned counsel for the applicant submitted that entire allegation of rape made against the applicant is totally false and baseless and applicant did not commit rape with the informant. He further submitted that story narrated by the informant in her statements as well as in the FIR appears to be highly improbable and even story narrated by her bhabhi is also highly improbable and no reliance can be placed on such hypothetical versions.

¶12

He further submitted that it is hard to believe that two persons committed rape separately with two grown up ladies. He further

¶13

submitted that admittedly the bhabhi of the informant is major and married lady and even informant of the case is also major aged about 18 years although, her radiological age is around 16 years while according to her school record, she is around 15 years.

¶14

He further submitted that the alleged incident of rape is said to have taken place on 24.11.2022 but FIR was lodged after about more than a week i.e. on 1.12.2022 and there is no explanation of delay in lodging the FIR and this fact again shows that entire story narrated by the victim is totally false and baseless.

¶15

He further submitted that actually marriage of the applicant was performed with one Ikra i.e. friend of the informant but informant wanted to marry with the applicant and only due to this reason, applicant has been falsely implicated by her in the present matter. He further submitted that applicant is not having any previous criminal history and he is in jail since 2.12.2022.

¶16

Per contra, learned AGA opposed the prayer for bail and submitted that there is serious allegation against the applicant and co-accused Sazaul and both committed rape with two ladies and there is allegation against the applicant that he committed rape with the informant, who is minor girl aged about 15 years. He next submitted that as per school record, informant is around 15 years old girl and even her radiological age is around 16 years, therefore, she is minor, therefore, considering the nature of allegation, applicant should not be released on bail.

¶17

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

¶18

Although, victim i.e. informant of the case made allegation of rape against the applicant in the FIR as well as in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. and she is around 16 years' old girl but story narrated by her and her bhabhi appears to be quite dramatic and even as per the statement of the informant recorded under Section 164 Cr.P.C., at the time of incident two children of her bhabhi were also present aged about three years and six years but during investigation, investigating officer did not even record the statement of the child aged about six years and admittedly, ever as per the informant, applicant is the husband of her friend.

¶19

Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶20

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

¶21

Let the applicant- Saif Ali 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:-

¶22

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

¶23

(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.

¶24

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶25

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.

¶26

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.

¶27

Order Date :- 19.5.2023

¶28

KK Patel

¶29

Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Saif Ali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Saif Ali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Gopal Singh Chauhan @ Gopi Vs State of U.P.

Prashant Paurush Vs State of U.P.

Arjun Vs State of U.P.and 3 Others

Jitendra Kumar Patel Vs State of U.P.

Jitendra Kumar Vs State of U.P.

Himanshu Gupta Vs State of U.P.