Seebu Khan Vs State of U.P. Thru. Secy. Home Lko

Neutral Citation No. - 2024:AHC-LKO:74895

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11900 of 2024

Applicant :- Seebu Khan Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Narendra Gupta, learned counsel for the applicant and Sri Arun Kumar Verma, learned Additional Government Advocate for the State.

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2. As per learned counsel for the applicant, the present applicant (Seebu Khan) is languishing in jail since 27.08.2024 in Case Crime No.260 of 2024, under Sections 366, 342, 376, 467, 468 & 471 I.P.C., Police Station-Biswan, District-Sitapur.

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3. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story.

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4. Attention has been drawn towards Annexure No.8 of the bail application which is an order dated 01.07.2024 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.4638 of 2024; Sheebu Khan and another vs. State of U.P. & others, which was filed by the present applicant and the prosecutrix. The order dated 01.07.2024 reads as under:-

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"Heard learned counsel for petitioners and learned A.G.A. for the State.

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 21.06.2024 bearing Case Crime No.0260 of 2024 for the offence under Section 366 I.P.C. registered at Police Station-Biswan, District Sitapur.

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It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have performed Nikah with each other by their own free will on 19.06.2024 as per Muslim Rites and Rituals in the presence of witnesses. The copy of the Nikahnaama has been annexed as Annexure No.2 to the writ petition. The declaration of marriage is also annexed as Annexure no. 5 to the writ petition. As per Aadhar certificate of petitioner no.2 her date of birth is 1.1.2002 and in the F.I.R. also the age of petitioner no.2 is mentioned as 20 years. In view of the above, he says that no offence under Section 366 I.P.C. is made out.

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Considering the aforesaid, let notice be issued to opposite party no.4.

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Let counter affidavit be filed in the matter within four weeks.

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List this case after four weeks.

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In view of the above, till the next date of listing, it is provided that petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. and/or they are found to have been minors on the date of their marriage. However, petitioners shall appear before the investigating officer as and when they are called to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.2 before the Magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion."

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5. Learned counsel for the applicant has stated that despite the aforesaid interim order having been passed in the aforesaid writ petition, which is still pending, the police authorities mounted pressure on the applicant and the prosecutrix and the custody of the prosecutrix was handed over to her parents on 26.08.2024, then the applicant surrendered on 27.08.2024.

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6. In the aforesaid order dated 01.07.2024, this Court noted the fact that the applicant has got married with the prosecutrix.

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7. Learned counsel for the applicant has stated that since the present applicant has got married with the prosecutrix, therefore, after release from jail he shall live with the prosecutrix as husband and wife.

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8. Learned counsel for the applicant has submitted that the charge-sheet has been filed in this case. The present applicant has no previous criminal history. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings.

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On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant.

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10. Having heard learned counsel for the parties and having perused the material available on record;; considering the fact that the present applicant has got married with the prosecutrix and the arrest of the present applicant was stayed by the Division Bench of this Court vide order dated 01.07.2024 (supra); the present applicant is having no prior criminal

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history; the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be released on bail.

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11. Accordingly, the instant bail application is allowed.

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12. Let the applicant (Seebu Khan) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) 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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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 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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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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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(iv) 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. The present applicant shall not leave the country without prior permission of the Court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 13.11.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Seebu Khan v. State of U.P. Thru. Secy. Home Lko

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Seebu Khan v. State of U.P. Thru. Secy. Home Lko

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