Allowed

Mahmood Khan v. State of U.P. Thru. Prin.Secy. Home and Another

Allahabad HC18 Jan 2024/655/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal appeal against a bail order, set aside the impugned judgment of the Special Judge, SC/ST Act, and released the appellant on bail. The Court held that the trial court failed to consider the delay in lodging the FIR and discrepancies in the victim's statements.

What did the court decide?

Impugned order set aside; appellant released on bail with personal bond and two sureties under specific conditions.

Mahmood Khan Vs State of U.P. Thru. Prin.Secy. Home and… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:5052

¶2

Court No. - 13

¶3

Case :- CRIMINAL APPEAL No. - 655 of 2023 Appellant :- Mahmood Khan Respondent :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Appellant :- Abrar Ali,Ashok Kumar Singh,Kamlesh Kumar Shukla,Pradeep Kumar Singh,Rahul Kumar Singh,Rakesh Pratap Singh Counsel for Respondent :- G.A.,Manish Vaish

¶4

Hon'ble Rajeev Singh,J.

¶5

Counter affidavit filed by Shri Manish Vaish, learned counsel for the complainant/victim is taken on record.

¶6

Learned counsel for the appellant submitted that he does not want to file rejoinder affidavit.

¶7

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

¶8

The present appeal has been filed for quashing the impugned order dated 25.01.2023 passed by learned Special Judge, SC/ST Act, Lucknow in Case Crime No.314/2022, under Sections 376, 355, 323, 504, 506, 342 I.P.C., Section 67 of IT Act and Section 3(2)(v) of SC/ST Act, Police Station- Alambagh, DistrictLucknow.

¶9

Learned counsel for the appellant submitted that appellant was falsely implicated in the present case. He further submitted that it is evident from the record that the victim was major at the time of alleged incident and was residing in live-inrelationship with the appellant. He further submitted that during the course of investigation, statement of victim was recorded under Sections 161 as well as 164 Cr.P.C., in her statement recorded under Section 161 Cr.P.C., she developed a case stating that she was enticed away by the appellant and thereafter was being victimized by giving beatings and passing some caustic and abusive words. He further submitted that in the statement of victim recorded under Section 164 Cr.P.C., she stated that on 22.10.2022, appellant brought her to a shop and he went to the liquor shop by saying that she may stop for some moment then she ran away and went to the police station Alambagh, Lucknow, thereafter, she came back to her village but no any complaint was made to the concerned police station

¶10

on 22.10.2022, thereafter, F.I.R. of case in question was lodged on 15.11.2022 and the explanation has not been given, as to why, the complaint was not made on 22.10.2022 when the victim went to the aforesaid police station. He further submitted that charge sheet was submitted by the Investigating Officer in the most mechanical manner without investigating the contents of the statement of victim recorded under Section 164 Cr.P.C. He further submitted that appellant does not have any criminal antecedent and he is in jail since 17.11.2022 and he is ready to cooperate in the trial proceedings. He further submitted that learned trial court failed to consider the prosecution story as well as defense of appellant, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail.

¶11

Learned A.G.A. as well as learned counsel for the complainant/victim opposed the prayer of appellant and submitted that indecent photographs of the victim were uploaded on the social media. They also submitted that the victim has categorically supported the prosecution version in her statement recorded under Sections 161 and 164 Cr.P.C. but they failed to explain, as to why, the complaint was not made to the police station on 22.10.2022 when the victim has categorically sated in her statement recorded under Section 164 that she went to the police station on 22.10.2022.

¶12

Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; it is evident that the victim herself has categorically sated in her statement recorded under Section 164 that she went to the police station on 22.10.2022 but no complaint of aforesaid incident was made on the alleged date and the F.I.R. of case in question was lodged on 15.11.2022, as the appellant is in jail since 17.11.2022, in such circumstances, this Court is of the view that learned trial court failed to consider the aforesaid aspects, hence, the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail.

¶13

Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed , and the impugned order dated 25.01.2023 passed by learned Special Judge, SC/ST Act, Lucknow is hereby set aside.

¶14

Let the appellant- Mahmood Khan involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following

¶15

conditions:-

¶16

(1) The appellant shall file an undertaking to the effect that he will 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.

¶17

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

¶18

(iii) In case, the appellant 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.

¶19

(iv) 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. If in the opinion of the trial court absence of the appellant 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.

¶20

Trial court is directed to conclude trial, expeditiously without giving any unnecessary adjournment to either of the parties.

¶21

Order Date :- 18.1.2024 V. Sinha

¶22

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Mahmood Khan v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Mahmood Khan v. State of U.P. Thru. Prin.Secy. Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anoop Saxena Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. and 5 Others

Mohd. Ashfaque Alias Kallu Vs State of U.P Thru. Prin. Secy. Home Deptt., Lko. and 4 Others

Rohit Patel Vs State of U.P. and Anr.

Ashutosh Singh and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Sameem Vs State of U.P. Thru. Chief Secy. Home, U.P. and Another

Narendra Kumar Verma Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another