Allowed

Yusuf Khan v. State of U.P.

Allahabad HC24 Jul 2023BAIL/30918/2023

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 376D, 452, 504, 506, and 406 IPC, the Allahabad High Court allowed the bail of the applicant, Yusuf Khan, directing him to furnish a personal bond and two sureties.

What did the court decide?

Release of applicant Yusuf Khan on bail by furnishing a personal bond and two sureties with specific undertakings to appear in court, not induce or tamper with evidence, and refrain from anti-social a

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

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Neutral Citation No. - 2023:AHC:146831

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30918 of 2023

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Applicant :- Yusuf Khan Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Hasan Parvej

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Hon'ble Sameer Jain,J.

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Heard Sri Sanjay Srivastava, Advocate holding brief of Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri Hasan Parvej, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 40 of 2023, under Sections 376D, 452, 504, 506, 406 IPC, Police Station C.B. Ganj, District Bareilly during pendency of the trial.

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FIR of the present case was lodged against applicant and according to the FIR applicant is the cousin Devar of the informant and he used to make physical relationship with her under the pretext that when his wife will beget the child then he will hand over the said child to her and under false promise to give her his child he also received Rs. 90,000/- from her but thereafter informant refused to accept his child and after her refusal on 19.01.2023 applicant entered in to the house of the informant and committed rape with her.

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Learned counsel for the applicant submitted that admittedly informant of the case is major and married lady and she is cousin Bhabhi of the applicant and even from the FIR and her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. it appears that she was consenting party and some dispute arose between both of them and thereafter totally false story was set up by her and implicated the applicant in the present matter.

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He further submits that neither in the FIR nor in the statement recorded under Section 161 Cr.P.C. there was any allegation against anybody except the applicant but when the statement of victim was recorded under Section 164 Cr.P.C. then she also

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started making allegation of rape against the nephew of the applicant and this fact again shows that she is not reliable witness. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 15.03.2023.

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Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that under false promise to provide his child to the informant applicant sexually exploited her and also received Rs. 90,000/- from her but they could not dispute the fact that informant is a major and married lady and applicant is her cousin Devar and even from the FIR and her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. it appears that she was consenting party and in the statement recorded under Section 164 Cr.P.C. she introduced one more person.

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

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From the record, it reflects that informant is cousin Bhabhi of the applicant and from the FIR as well as statements she appears to be consenting party and even it reflects that in the statement recorded under Section 164 Cr.P.C. she also introduced the nephew of the applicant.

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Therefore, considering the facts and circumstances of the case discussed above, 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 - Yusuf Khan 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 anti-social

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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 :- 24.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Yusuf Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yusuf Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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