Allowed

Rijwan v. State of U.P.

Allahabad HC11 Oct 2023BAIL/43114/2023

Case brief

AI extract

What is this about?

This is a criminal bail application before the Allahabad High Court. The applicant challenged false allegations of dowry harassment and rape against his family. The Court, noting the delay in FIR registration and lack of corroborative medical evidence, allowed bail subject to conditions including presence in court and no abuse of liberty.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two heavy local sureties subject to specific conditions regarding court attendance and conduct.

Rijwan Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:196499

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43114 of 2023

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Applicant :- Rijwan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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Learned counsel for the applicant submits that the applicant is the Jeth of the victim. He further submits that the allegation of demand of dowry has been levelled against all the family members of the applicant. Apart from the aforesaid, the allegation of rape has also been levelled against the applicant. He further submits that the incident is alleged to have taken place on 06.09.2020 whereas the F.I.R. has been lodged on 26.11.2020 and that the medical examination of the victim has been conducted on 06.01.2021, which itself belies the prosecution version. Learned counsel has next argued that the medical evidence also does not corroborate with the prosecution version. Learned counsel further submits that on account of matrimonial discord between the victim and her husband, the entire family of the applicant including the applicant has been victimised of false accusation Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also

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been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 19.08.2023 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Rizwan involved in Case Crime No.413 of 2020 under Sections 498A, 376, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Shahpur, District Muzaffar Nagar, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this 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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II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his

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absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.

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IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 11.10.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Rijwan v. State of U.P.

Case brief

What is this about?

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Rijwan v. State of U.P.

Case brief

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What did the court decide?

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