Allowed

Mohd. Arshad Iqbal Alias Arsh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC7 Feb 2024/486/2023

Case brief

AI extract

What is this about?

Single Judge allowed bail to the accused accused of rape and unnatural offenses under various IPC sections, noting lack of medical evidence, complainant's statement suggesting willingness to marry, and the fact that trial has not commenced while applicant remains in custody.

What did the court decide?

Applicant released on bail subject to furnishing personal bond and two reliable sureties; strict conditions imposed against tampering with evidence and intimidating witnesses.

Mohd. Arshad Iqbal Alias Arsh Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11469

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 486 of 2023

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Applicant :- Mohd. Arshad Iqbal Alias Arsh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Sudhaker Prakash,Aditya Vikram Singh,Manoj Gupta,Nadeem Murtaza Counsel for Opposite Party :- G.A.,Rajesh Kumar Awasthi,Rajesh Kumar Awas

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.311 of 2022, under Sections 328, 323, 504, 506, 376 I.P.C., P.S. Jankipuram, District Lucknow.

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It is alleged in the prosecution case that applicant kept the complainant in his hospital as she was not having cordial relation with her husband due to that showing empathy he came close and raped her several times while she was being unconscious. Upon opposing she was hurled abuses and also threatened to life.

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Learned counsel for applicant submits that victim is married and major lady of 26 years old. The statement of the victim under Sections 161 & 164 Cr.P.C. clearly shows that she is willing to marry the applicant. There is no corroborative medical evidence. In support of the prosecution case medical has been refused by the victim. Applicant has no criminal history. He is languishing in jail since 18.10.2022. Charge-sheet has been filed and trial has yet not commenced.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned counsel for the complainant submits that it is not the mobile of the applicant by which the threat to life has been given and the victim has not lodged any complaint.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail

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since 18.10.2022, statement of the victim under Sections 161 & 164 Cr.P.C., lack of corroborative evidence and also the fact that till date trial has not commenced, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Mohd. Arshad Iqbal Alias Arsh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 officer or tamper with the evidence.

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(iv) 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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(v) 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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(vi) 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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Order Date :- 7.2.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Arshad Iqbal Alias Arsh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Mohd. Arshad Iqbal Alias Arsh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

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