Allowed

Mohd. Mazid v. State of U.P.

Allahabad HC15 May 2023BAIL/55453/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. The court noted inconsistencies in the victim's statements and an underlying property dispute, concluding the applicant had made out a prima facie case for bail despite the serious nature of the charges.

What did the court decide?

Applicant granted bail on furnishing a personal bond and two sureties in like amount, subject to conditions of regular attendance, no tampering with evidence, and no criminal activity.

Mohd. Mazid Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:105283

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55453 of 2022

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Applicant :- Mohd. Mazid Opposite Party :- State of U.P. Counsel for Applicant :- Shahnawaz Khan 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. 99 of 2022, under Sections 504, 506, 323, 324, 354, 376D and 120B of I.P.C., Police Station-Nizamabad, District-Azamgarh, during the pendency of trial.

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As per the prosecution case in brief, victim who is married woman lodged F.I.R. on 22.03.2022 at 12:20 hours, for the alleged offence under Sections 506, 504, 323, 324, 354 I.P.C., against the applicantMohd. Mazid and co-accused- Salauddin making allegations inter-alia that on 16.03.2022 at about 5:00 pm when she came to her new house, the applicant Mohd. Mazid seeing her, started committing misdeed with her and tried to outrage her modesty. When she screamed to save herself, he stabbed her. Hearing the commotion Salauddin who is elder brother of her father-in-law, also came there and they after beating her pushed her out of the house.

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It is argued by learned counsel for the applicant that no such incident took place in the manner as alleged in the F.I.R. The applicant has been falsely implicated in this case because Salauddin who is uncle of the applicant was issueless, therefore, he was living along with the applicant-Mohd.Mazid. Since the applicant was taking care of him in his old age, therefore,Salauddin was inclined to give his property

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to the applicant. Because of this reason, the victim and her husband were annoyed and they wanted to grab the property of Salauddin by hook or by crook. On 02.02.2022 informant put her lock on the house of Salauddin and refused to give key. When Salauddin came to know the intention of the victim and her husband, he gave a complaint dated 24.02.2022 to Deputy Inspector General of Police, Azamgarh, Region-Azamgarh, but no action was taken on the said complaint. As soon as the victim came to know about the complaint of Salauddin against her and her husband, she lodged F.I.R. of this case on 22.03.2022 on the false and concocted allegations. It is also argued that though in the F.I.R., it is alleged by the victim that she was assaulted by knife but no knife injury was found on her body. Much emphasis has been given by contending that in the F.I.R., there is no allegation of rape against the applicant but she, in her statement under Section 161 Cr.P.C., has made allegation of rape against the applicant and later on, she in her statement under Section 164 Cr.P.C., while making allegation of rape against the applicant again improved her statement making exaggerated allegations. It is also pointed out that the Investigating OfÏcer did not record the statement of husband of the victim. Much emphasis has been given by the learned counsel for the applicant by contending that where the victim makes two inconsistent statements in her evidence either at one stage or at two stages, the testimony of such victim becomes unreliable and untrustworthy of credence. The co-accused Salauddin has been granted bail by the coordinate Bench of this Court vide order dated 01.03.2023 in Criminal Misc. Bail Application No. 56386 of 2022. 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 18.11.2022 having no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra , learned A.G.A. for the State opposed the

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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 the F.I.R. has not been registered for the offence under Section 376 I.P.C. and later on, the victim has made improvement in her statements under Section 161 and 164 Cr.P.C. The Investigating OfÏcer has not recorded the statement of husband of the victim. On putting query, learned A.G.A. for the State submits that since he was missing, therefore, his statement was not recorded, but he has admitted that no missing report or F.I.R. in this regard has been lodged by the victim. Property dispute between the victim and accused persons is already going on. This Court is of the view that though, the statement of the victim is a primary consideration, but it cannot be presumed that the victim shall always narrate the prosecution story truthfully in all the cases.

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

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Let the applicant- Mohd. Mazid , 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

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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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It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial.

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However, the trial court is directed to make an endeavour to conclude the trial, expeditiously, without granting any unnecessary adjournment to either of the parties.

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Order Date :- 15.5.2023 Kashifa

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

Mohd. Mazid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Mazid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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