Mohd. Karib Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2024) — LawSathi Research

Mohd. Karib Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail of applicant Mohd. Karib in FIR/Case Crime No.0111 of 2024 under Section 333/64 Bhartiya Nyaya Sanhita, Police Station Rahimabad, District Lucknow, on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions (a) attending hearings, (b) committing no similar offence, and (c) making no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the applicant Mohd. Karib, in custody since 14.8.2024 in FIR/Case Crime No.0111 of 2024 under Section 333/64 Bhartiya Nyaya Sanhita, is entitled to be enlarged on bail.

Court's answer

The court considered the statements of the victim recorded under Sections 180 and 183 of B.N.S.S., which do not support the prosecution story, together with the fact that the victim refused to undergo medical examination.

Ratio / Principle

Coupled with the applicant having no criminal antecedents and being in custody since 14.8.2024, and expressly without expressing any opinion on merit, the court held the applicant entitled to be released on bail.

Key takeaways

The bail application was allowed and the applicant Mohd. Karib was directed to be released on bail in FIR/Case Crime No.0111 of 2024 under Section 333/64 Bhartiya Nyaya Sanhita, P.S. Rahimabad, District Lucknow, on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions (a) undertaking to attend hearings, (b) not committing any similar offence, and (c) not making any inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them or tampering with the evidence.ratio¶¶13

Detailed headnote1 paragraphs

Bail granted (Allahabad High Court, Lucknow Bench, Order dated 24.9.2024): Mohd. Karib, applicant in CRL. MISC. BAIL APPLICATION No.10160 of 2024, accused in FIR/Case Crime No.0111 of 2024 under Section 333/64 Bhartiya Nyaya Sanhita, P.S. Rahimabad, District Lucknow, held entitled to release on bail. Basis: victim's statements under Sections 180 and 183 B.N.S.S. do not support the prosecution story; victim refused medical examination; applicant has no criminal antecedents and is in custody since 14.8.2024. Bail allowed without expressing any opinion on merit, on personal bonds and two reliable sureties of Rs.20,000/- each, with conditions as to attendance, non-commission of similar offences, and no inducement/threat/tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:66057

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10160 of 2024

Applicant :- Mohd. Karib Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Narendra Pratap Mishra,Kashi Prasad Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

The F.I.R. in question was lodged alleging therein that the applicant came to the home of the cousin sister of the informant and committed rape on her. Subsequently, in the statement under Section 180 B.N.S.S., the victim stated that the relationship in between the applicant and the victim continued for over a period of six months after which the applicant went Oman and when he came back allegedly physical relations were formed against her wishes. The statement of forming physical relations were reiterated in the statement under Section 183 B.N.S.S.

Learned counsel for the applicant has argued that the victim has refused to undergo medical examination. The victim has not supported the prosecution story in her statements recorded under Sections 180 and 183 of B.N.S.S. The tentative age of the victim is above 18 years. Hence, the applicant who is languishing in jail since 14.8.2024 having no criminal history, may be enlarged on bail.

Learned A.G.A. also opposed the prayer for bail.

Considering the statements of the victim recorded under Sections 180 and 183 of B.N.S.S. which do not support the prosecution story and the fact that the victim has refused to undergo

medical examination coupled with the fact that the applicant has no criminal antecedents and is in custody since 14.8.2024, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

Accordingly, the bail application is allowed.

Let the applicant Mohd. Karib be released on bail in FIR/ Case Crime No.0111 of 2024, under Section 333/64 Bhartiya Nyaya Sanhita, Police Station Rahimabad, District Lucknow on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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.

Order Date :- 24.9.2024

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench