Allowed

Afsar v. State of U.P.

Allahabad HC4 Jul 2024ABAIL/4849/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. The applicant, accused of rape and dowry-related offences, was granted bail on a personal bond until the submission of the police report. Conditions regarding availability for interrogation and abstention from influencing witnesses were issued, and the investigation was directed to conclude within three months.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs. 50,000 with two sureties until the submission of the police report.

Afsar vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:108366

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4849 of 2024

¶4

Applicant :- Afsar Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- Ajay,G.A.,Lalit Singh

¶5

Hon'ble Vivek Varma,J.

¶6

A copy of the statement of the victim under Section 164 Cr.P.C. produced by learned A.G.A. is taken on record.

¶7

Heard learned counsel for the applicant, Sri Rupak Chaubey, learned A.G.A. for the State as well as Sri Lalit Singh, learned counsel for the informant, and perused the material placed on record.

¶8

This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 96 of 2024, under Sections 323, 376, 504, 506 I.P.C. read with 3/4 Dowry Prohibition Act, Police Station Chharra, District Aligarh.

¶9

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. By placing reliance on the statement of the victim under Section 164 Cr.P.C. it is contended that the applicant was in consensual relationship with the victim for more than three years. The consensual sexual relationship which if continued between the parties for quite a long time could not be said to have continued under the 'misconception of fact' under Section 90 I.P.C. and could not be said to be 'rape' under Section 375 I.P.C. No offence under Section 376 I.P.C. is made out against the applicant. In support of his submissions, learned counsel for the applicant has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Naim Ahamed v. State (NCT of Delhi), 2023 0 Supreme(SC) 77 (Paragraphs-20 and 21). The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

¶10

Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶11

Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

¶12

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled

¶13

to be enlarged on anticipatory bail till the submission of police report.

¶14

In the event of arrest, the applicant- Afsar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

¶15

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

¶16

(ii) 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 from disclosing such facts to the Court or to any police officer;

¶17

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶18

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶19

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶20

The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

¶21

The application stands disposed of.

¶22

Order Date :- 4.7.2024 SKT/-

¶23

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Afsar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Afsar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pravin Brahmdeo Pandey vs State of Up and Another

Shweta Singh vs State of U.P. and 3 Others.

Amit Kumar vs State of U.P. and 3 Others

Raghvendra Dixit vs State of Up and Another

Munne Khan and 3 Others vs State of Up and Another

Nishan Singh vs State of U.P. and Another