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

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

What the court decided

AI extract

Outcome

Applicant Mohd. Arsh to be released on bail in Case Crime No. 147 of 2023 on furnishing a personal bond and two reliable sureties of Rs. 20,000/- each of the like amount, to the satisfaction of the court concerned, subject to conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tamper with the evidence.

Issue for consideration

Whether the accused-applicant Mohd. Arsh should be released on bail in Case Crime No. 147 of 2023 (section 376 IPC and sections 66-E/67 of the Information Technology Act), P.S. Gosainganj, District Faizabad/Ayodhya.

Court's answer

Bail application allowed: the statements of the informant and the victim have already been recorded, which the Court took into account in finding a case for bail.

Ratio / Principle

The alleged continuation of the relationship over a span of six months and the fact that the victim was a major led the Court to conclude that a case for bail is made out.

Key takeaways

The absence of any criminal history and the applicant's custody since 19.06.2023 weighed particularly in favour of granting bail.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.) — Second bail application (first dismissed as not pressed on 19.10.2023) in Case Crime No. 147 of 2023, P.S. Gosainganj, District Faizabad/Ayodhya, under section 376 IPC and sections 66-E/67 of the Information Technology Act, allowed. FIR alleged that the applicant took photographs of the informant's daughter (aged about 20 years, a major) and, under threat of posting them on Instagram, had physical relations with her over six months and forced her to marry. Bail granted because the statements of the informant and the victim (sections 161 and 164 Cr.P.C.) stood recorded, the relationship allegedly spanned six months, the victim was a major, the applicant had no criminal history and was in custody since 19.06.2023. Release ordered on a personal bond and two sureties of Rs. 20,000/- each, with conditions against similar offences, inducement or threat to witnesses, and tampering with evidence. (Neutral citation 2024:AHC-LKO:21545)

Neutral Citation No. - 2024:AHC-LKO:21545

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 995 of 2024

Applicant :- Mohd. Arsh Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Ashok Kumar Singh,Shadab Waheed Counsel for Opposite Party :- G.A.,Karm Veer Yadav

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, Sri Karm Veer Yadav who appears for the informant as well as learned AGA and perused the record.

This is second application for bail, the first bail application of the applicant was dismissed as not pressed on 19.10.2023.

The accused-applicant seeks bail in Case Crime No.147 of 2023 under section 376 IPC and section 66-E/67 of Information Technology Act, P.S. Gosainganj, District Faizabad/Ayodhya.

In terms of the FIR, it was alleged that the daughter of the informant aged about 20 years met the applicant and the applicant took out her certain photographs and under the threat of posting the same on Instagram, continued physical relations over a span of six months and also forced her to marry.

The counsel for the applicant draws my attention to the statement of the victim recorded under section 161 and 164 Cr.P.C. wherein she admitted that for the last six months, physical relations were being formed allegedly under the threat of making the photographs viral.

The counsel for the informant argues that the victim had married elsewhere during the pendecy of the trial.

Considering the fact that the statement of the informant and the victim have already been recorded coupled with the fact that allegedly the relationship continued over a span of six months and the victim was a major, a case for bail is made out particularly when the applicant has no criminal history and is in custody since 19.06.2023. Thus the bail application is allowed.

Let the applicant Mohd. Arsh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 officer or tamper with the evidence.

Order Date :- 12.3.2024 VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench