Allowed

Sahil @ Bhura v. State of U.P. and Another

Allahabad HC1 May 2023BAIL/55384/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant in a rape and abduction trial case, noting the victim was declared hostile and denied the prosecution case during examination-in-chief. The court imposed conditions for attendance and non-interference.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties with conditions for attendance and non-interference.

Sahil @ Bhura Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55384 of 2022

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Applicant :- Sahil @ Bhura Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pranshu Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 636 of 2022, under Sections 366, 376-D of I.P.C., Police Station-Lisari Gate, District-Meerut, during the pendency of trial.

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In this case, F.I.R. was lodged by the father of the victim on 15.10.2022 for the offence under Section 366 of I.P.C. against Firoz Qureshi. The victim was recovered on 17.10.2022, thereafter, her statements under Section 161 and 164 of Cr.P.C. were recorded, in which complicity of present applicant- Sahil @ Bhura along with co-accused Shahrukh, Firoz, maternal uncle and aunt( Khala ) of Shahrukh and brothers of Shahrukh and Firoz came into light and the victim, in her statements has stated inter-alia that the applicant and other co-accused named above committed rape on her after administering intoxicated injection to her.

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It is submitted by learned counsel for the applicant that except the applicant, other co-accused persons have not been arrested till date and charge-sheet has been submitted only against the applicant- Sahil @ Bhura whereas, investigation with regard to other accused persons is still pending. He also submitted that in fact, victim was having love affair with coaccused Shahrukh and she also solemnized her Nikah/marriage with Shahrukh on 10.10.2022 and thereafter, she filed a complaint against her parents on 23.12.2022, in which her statement under Section

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200 Cr.P.C. was also recorded in which she has stated inter alia that on 10.10.2022 she has solemnized married with Shahrukh on her own volition but her parents in collusion with police lodged a false F.I.R. It is also submitted that before the trial Court victim has been examined as PW-1 on 21.04.2023 but she has denied the incident and did not support the prosecution case, therefore, she has been declared hostile by the trial Court. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 17.10.2022 having no criminal history to his credit.

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Per contra , learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that vide order dated 07.04.2023 of this Court, trial Court was directed to record the statement of the victim and to transmit her statement in a sealed cover. Pursuant to the order dated 07.04.2023 the trial Court has sent the photocopy of the statement of the victim, which is on record. On perusal of the same, I find that the victim has completely denied the prosecution case and has been declared hostile, therefore, possibility of false implication of the applicant cannot be ruled.

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Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .

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Let the applicant- Sahil @ Bhura , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That the applicant 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 him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 1.5.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Sahil @ Bhura v. State of U.P. and Another

Case brief

What is this about?

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Sahil @ Bhura v. State of U.P. and Another

Case brief

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