Allowed

Mohd. Ahsan @ Hasan @ Sonu v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC1 May 2024/483/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal appeal against the rejection of bail under the SC/ST Act. The court set aside the order passed by the Special Judge and directed the release of the appellant on bail pending trial.

What did the court decide?

Impugned order setting bail rejected dated 05.02.2024 is set aside; appellant released on bond of Rs. 25,000/- and two sureties subject to eight conditions.

Mohd. Ahsan @ Hasan @ Sonu Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33916

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 483 of 2024

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Appellant :- Mohd. Ahsan @ Hasan @ Sonu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Appellant :- Taufeeq Ahmad,Krishna Mohan Srivastava

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Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Case called out. Despite notice, as appears from Annexure No. CA-12 to the counter affidavit of State, no one appeared on behalf of the respondent No. 2. Learned AGA is present in the Court.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated 05.02.2024 passed by Special Judge, SC/ST Act, Lucknow in Bail Application No. 458/2024 arising out of Case Crime No. 471 of 2023, under Sections- 328, 376, 504, 506, 342, 323, 377 I.P.C., Section- 3(2)5 of SC/ST Act, P.S.Gudamba, District- Lucknow.

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While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in this case and informant/victim was in contact with him on own her free will.

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He further submitted that the religion was not hidden by the appellant before the victim nor he made relationship with her by introducing himself as hindu and to dispute this, there is no evidence available with the prosecution.

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It is also stated that the allegations levelled in the FIR that the appellant took informant/victim to various places of Lucknow also shows that the FIR is false and concocted and it has been lodged just only to pressurize the appellant to get marry with victim or to get the financial benefit from the State exchequer.

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It is also stated that there is no medial evidence so as to support the story of prosecution, as such also, it is it is a case of

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false implication.

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He submitted that if the fact that the appellant made physical relations with the victim is taken on its face value even then no offence would be made out against the appellant in view of the fact that the victim is a married lady and she was in contact of appellant on her own free will.

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It is also stated that the appellant is in jail since 30.11.2023 for committing no offence and trial is not proceeding as required under the law particularly in terms of Section 309 Cr.P.C. and possibility of conclusion of trial in near future is extremely bleak.

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It is also stated that as per the story of prosecution, the appellant had hide his identity/ impersonated before the victim and made physical relations with her and if the story of prosecution regarding physical relations with victim is taken on its face value then it is improbable for a person to hide its identity.

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In the aforesaid circumstances, the impugned order dated 05.02.2024 is liable to be set-aside, the appellant is entitled to be released on bail and the appeal is liable to be allowed.

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Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel.

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Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents.

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Upon due consideration of above facts and circumstances including the story setup in the FIR and the statements of victim, it, prima facie, appears to be a case of consent and keeping in view the same as also that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

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Order dated 05.02.2024 passed by Special Judge, SC/ST Act, Lucknow in Bail Application No. 458/2024 arising out of Case Crime No. 471 of 2023, under Sections- 328, 376, 504, 506, 342, 323, 377 I.P.C., Section- 3(2)5 of SC/ST Act, P.S.Gudamba, District- Lucknow is hereby set aside.

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Let the appellant- Mohd. Ahsan @ Hasan @ Sonu be

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released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant will cooperate with the prosecution during trial.

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(ii) The appellant will not tamper with the evidence during trial.

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(iii) The appellant will not pressurize/intimidate the prosecution witness(es).

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(iv) The appellant shall not commit an offence.

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(v) The appellant 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 officer or tamper with the evidence.

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(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions 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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As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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Order Date :- 1.5.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Ahsan @ Hasan @ Sonu v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Mohd. Ahsan @ Hasan @ Sonu v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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