Allowed

Ashfaq v. State of U.P. and Another

Allahabad HC30 May 2023BAIL/19375/2023

Case brief

AI extract

What is this about?

This bail application was filed by Ashfaq, accused of rape and cruelty under Sections 498A, 376 IPC and DV Act. Counsel argued false implication in a matrimonial dispute. The High Court observed a prima facie case for bail without expressing an opinion on merits and allowed the application.

What did the court decide?

Bail allowed; applicant released on furnishing a personal bond and two sureties each in like amount subject to standard conditions.

Ashfaq Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:120389

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19375 of 2023

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Applicant :- Ashfaq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Yadav,Deepesh Kumar Ojha Counsel for Opposite Party :- G.A.,Haseen Ahmad,Saurabh Basu

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.

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Heard learned counsel for the applicant-accused, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantaccused in case crime No.245 of 2021, under Sections 498A, 323, 376, 324 I.P.C. and section 3/4 D.P. Act, police station Nebua Naurangiya, District Kushinagar with the prayer to enlarge the applicant-accused on bail.

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It has been argued by learned counsel for the applicant-accused is innocent and he has been falsely implicated in this case. The applicant-accused is brother-in-law (dever) of prosecutrix. The marriage of prosecutrix with brother of applicant-accused has taken place on 14.03.2021. The allegation that applicant has committed rape upon prosecutrix, is wholly false. Learned counsel has referred the statement of prosecutrix, recorded under Section 161 and 164 Cr.P.C., and submitted that only general allegation has been levelled that after 15-20 days of her marriage, at instance of his family members, applicant committed rape upon prosecutrix. It

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was also pointed out that the allegation of prosecutrix that on 25.06.2021, the applicant committed rape upon her while she was at her parental house, is wholly improbable. Further, there is undue delay in lodging of the FIR. The alleged incident of rape has been shown of 25.06.2021 but first information report has been lodged after two months on 21.08.2021. The prosecutrix is a mature and married lady. Learned counsel submitted that essentially the matter relates to matrimonial dispute and FIR was lodged against entire family members of applicant and that allegations of rape have been levelled against applicant in order to blow out the matter out of proportion. Referring to the facts of the matter, it was submitted that there is no credible evidence against applicant-accused. Lastly, it has been submitted that applicant-accused is languishing in jail since 05.04.2023, having no previous criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that applicant is brother-inlaw of prosecutrix and she has made allegations of rape against applicant. Referring to statement of prosecutrix, it was stated that applicant has committed rape upon prosecutrix for several times. It was also pointed out that after lodging of the first information report, applicant and co-accused have assaulted the family member of prosecutrix and in that connection a case was registered under Section 323, 504, 506 IPC.

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Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is

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made out. Hence, the bail application is hereby allowed.

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Let the applicant-accused Ashfaq involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant-accused shall not tamper with the evidence during the trial.

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(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.

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Order Date :- 30.5.2023 Neeraj

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

Ashfaq v. State of U.P. and Another

Case brief

What is this about?

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Ashfaq v. State of U.P. and Another

Case brief

What is this about?

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