Allowed

Shahnoor v. State of U.P.

Allahabad HC4 Jul 2023BAIL/18807/2023

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Bail Application concerns a petitioner charged with rape and criminal intimidation. The High Court allowed bail after finding no convincing material to suggest tampering with evidence, subject to specific undertakings not to harass the victim or delay the trial.

What did the court decide?

The applicant is released on bail subject to filing a personal bond and two sureties AND fulfilling conditions to not harass the victim, attend trials, and facilitate expeditious disposal.

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

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Neutral Citation No. - 2023:AHC:131203

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18807 of 2023

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Applicant :- Shahnoor Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Ram Raksha Tiwari, learned counsel for the applicant, Sri Ajai Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shahnoor, seeking enlargement on bail during trial in connection with Case Crime No. 10 of 2023, under Sections 376, 506 I.P.C., registered at Police Station Naraini, District Banda.

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The First Information Report of the present case was lodged on 16.01.2023 by the victim against the applicant alleging therein that she is the wife of Thakurdeen. In the festival of khichri, she had come to maternal house on 13.01.2023. At about 10:00 am she had gone to the field of her father wherein the applicant reached on a motorcycle, lured her and took her on his motorcycle and committed rape on her. He threatened her that if she discloses it to anyone he would murder her. She then came back to her house and told about it to the family members and then has lodged a First Information Report. She is aged about 19 years.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that although the victim has reiterated the version of the First Information Report in her statement recorded under Section 161 Cr.P.C. but in her statement recorded under Section 164 Cr.P.C. there are serious contradictions. She states that the applicant came along with one other boy on a motorcycle and both the persons took her on the motorcycle and were roaming about nearby. She was made to sit at various places and they used to go for roaming.

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She was made to sit for about 2-3 hours at various places. Then at about 09:00 pm, the applicant took her to the house of his buva after which the other boy went away and then the applicant committed rape on her in the night and then he went away. His buva then brought her back. It is argued that from the same it is apparent that the victim is a consenting party. She went with the applicant out of her own sweet will and did not raise any objection or resist for travelling on the motorcycle. The consent is also apparent that she was used to sit about 2-3 hours at various places after which the applicant and other boy went away for roaming but the victim did not make attempt to run away. It is argued that on the own showing of the victim, she is married woman and is a major. He further argued that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 17.01.2023.

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Per contra, learned counsel for the State opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major married woman. She went with the applicant on his motorcycle and travelled to various places. She was made to sit alone at various places for about 2-3 hours but she did not make any effort to run away.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Shahnoor , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this

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condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 4.7.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shahnoor v. State of U.P.

Case brief

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Shahnoor v. State of U.P.

Case brief

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