Allowed

Sahir Ali v. State of U.P.

Allahabad HC20 Jul 2023BAIL/34227/2021

Case brief

AI extract

What is this about?

This is an order in a bail application filed by Sahir Ali under Sections 376 and 506 IPC. The court allowed the application, releasing the applicant on bail after finding that the victim was a consenting party and there were no allegations of posting indecent content online.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties with conditions to appear in court and not tamper with evidence.

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

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Neutral Citation No. - 2023:AHC:145365

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34227 of 2021

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Applicant :- Sahir Ali Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad,Firdos Ahmad,Satyendra Narayan Singh,Shadab Ali,Subhash Chandra Pandey,Vinod Kumar Yadav,Zafar Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Zafar Abbas as well as Sri Satyendra Narayan Singh, learned counsels for the applicant and Sri Jhamman Ram, 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. 86 of 2021, under Sections 376, 506 IPC, Police Station- Tanda, District- Rampur, during pendency of the trial in the court below.

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FIR of the present case was lodged on 20.04.2021 under Sections 376, 506 IPC against the applicant and according to the FIR, applicant since September, 2020 was sexually exploiting the informant under the false promise of marriage and subsequently he refused to perform marriage with her and also threaten and told her that she will have to embrace Muslim religion. It is further mentioned in the FIR that applicant also prepared her indecent videographs.

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Learned counsels for the applicant submitted that entire allegation of sexual exploitation made against the applicant is totally false and baseless and applicant since beginning disclosed his identity to the informant and in spite of that she developed relationship with the applicant but subsequently some dispute arose between them and after about one year she lodged the FIR of the present case.

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They further submitted that admittedly prosecutrix of the case is

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a major girl and from the perusal of the FIR and statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it appears that she was consenting party. They further submitted that applicant is in jail in the present matter since May, 2021 i.e. for last about more than two years.

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Per contra, learned AGA opposed the prayer for bail and submitted that there is allegation of rape against the applicant in the FIR and in both the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. and in the statement recorded under Section 164 Cr.P.C. victim also stated that applicant disclosed his identity as Hindu boy but in fact he was Muslim, therefore, it appears that he duped the victim but could not dispute the fact that informant is a major lady and the fact that applicant introduced himself as Hindu boy has not been narrated by the informant in the FIR.

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

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Although, in the FIR and in both the statements of the victim i.e. informant of the case there is allegation of sexual exploitation against the applicant and in the statement recorded under Section 164 Cr.P.C. victim also stated that applicant introduced himself as a Hindu boy but in fact he was Muslim but admittedly informant of the case is a major lady and from the FIR and both the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it appears that she was consenting party.

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Further, in the FIR she did not state that applicant introduced himself as a Hindu boy rather in the FIR it has been specifically mentioned by the informant that applicant initially told her that after marriage he will remain Muslim and she can follow Hindu religion.

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Further, there is also allegation against the applicant that he prepared her indecent videographs and threatened her that he will post the same on social media but there is no allegation that applicant posted the same on social media and even during investigation no such indecent videographs of the victim could be recovered.

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Further, applicant is in jail in the present matter since 28.05.2021 i.e. for last about more than two years and he is not having any criminal history.

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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- Sahir 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:-

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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 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 :- 20.7.2023

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KK Patel

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

Sahir Ali v. State of U.P.

Case brief

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Sahir Ali v. State of U.P.

Case brief

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