Allowed

Danish Akhlak v. State of U.P. and Another

Allahabad HC13 Oct 2023BAIL/43760/2023

Case brief

AI extract

What is this about?

In a bail application under Section 376 IPC, the High Court of Allahabad granted bail to the applicant alleging rampant false implication due to timing discrepancies in the victim's pregnancy. Addressing jail overcrowding and uncertain trial conclusions, the Court allowed bail without adjudicating on merits, imposing standard conditions.

What did the court decide?

Released on bail on personal bond with two sureties upon verification of identity, residence, and undertaking against tampering and default in attendance.

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

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Neutral Citation No. - 2023:AHC:198216

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43760 of 2023

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Applicant :- Danish Akhlak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadrul Islam Jafri,Romeshwari Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Upon oral request, learned counsel for the applicant is permitted to correct the named of the applicant.

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Heard Sri N. I. Jafri, learned Senior Advocate, assisted by Sri Romeshwari Prasad, learned counsel for the applicant and learned A.G.A. for the State.

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There is allegation against the applicant of committing offence of rape of major girl aged about 22 years.

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Learned counsel for the applicant submits that applicant met the victim for the first time on 19.08.2023 and thereafter it is alleged that the offence was committed by the applicant. Learned counsel for the applicant further submits that it is case of false implication. The victim was found to be pregnant in medico report dated 26.08.2023. She met the applicant only four days ago and therefore, she cannot contact pregnancy from the applicant. The victim has falsely implicated the applicant for ulterior motives. She has refused to her internal medical examination. Applicant is in jail since 28.08.2023.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohd. Danish Akhlak, involved in Case Crime No.0330 of 2023, under Sections 376 I.P.C, Police Station Partapur, District- Meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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 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.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity 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 :- 13.10.2023

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Danish Akhlak v. State of U.P. and Another

Case brief

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Danish Akhlak v. State of U.P. and Another

Case brief

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