Amir Khan Vs State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58028 of 2022

Applicant :- Amir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Sri Farid Ahamd, learned counsel for the applicant, Sri Anand Sagar learned A.G.A. for the State and perused the entire record.

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The instant application for bail has been moved on behalf of the applicant- Amir Khan with the prayer to enlarge him on bail in Case Crime No. 187 of 2022 under Section 376-D, 450, 506 I.P.C. Police Station- Hazarat Nagar Garhi, District- Sambhal, during pendency of the trial.

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Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. Though the delay in lodging the F.I.R. is immaterial in rape cases, however, in this case, the delay has been caused in concocting a false story to implicate the applicant due to village partibandi. There is allegation of taking away the victim from the courtyard of the house of the informant on the gun point which seems impossible as there would have been several other family members in the house and nobody has raised any alarm including the victim. As per the medical report, neither any external injury nor live or dead spermatozoa was found in the internal examination. Though there is allegation of committing rape by two accused persons, however, there is no sign of any slight penetration which rules out the commission of the offence. Learned counsel for the applicant has also submitted that the accused/ applicant is languishing in jail since 14.09.2022, who has no previous criminal history.

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His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

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Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the applicant with other co-accused person have committed rape with the victim on the gun point.

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Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpire having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed.

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Let the applicant, Amir Khan be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;

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The applicant shall cooperate in the trial sincerely without seeking any adjournment;

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;

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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 them from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;

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

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It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.

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Order Date :- 20.3.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Amir Khan v. State of U.P.

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Amir Khan v. State of U.P.

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