Allowed

Aamir Ansari v. State of U.P. Thru. Secy Home Civil Sectt. Lko

Allahabad HC7 May 2024BAIL/4785/2024

Case brief

AI extract

What is this about?

This bail application involved an applicant arrested under Section 376 IPC. The court granted interim bail conditional upon the immediate marriage of the applicant and the prosecutrix, along with registration of the marriage within a specified period.

What did the court decide?

Interim bail granted until 8.7.2024 on furnishing two sureties of Rs. 20,000 and personal bond.

Aamir Ansari vs State of U.P. Thru. Secy Home… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35112

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Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4785 of 2024 Applicant :- Aamir Ansari Opposite Party :- State Of U.P. Thru. Secy Home Civil Sectt. Lko Counsel for Applicant :- Lokendra Kumar Gupta Counsel for Opposite Party :- G.A.,Mohd. Salman,Mukhtar Ahamad Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri L.K. Gupta, learned counsel for the applicant, learned A.G.A. for the State and Mohd. Salman, learned counsel who has filed 'Vakalatnama' on behalf of prosecutrix, same is taken on record.

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Learned counsel for the prosecutrix has informed that the prosecutrix is present in the Court. He has further informed that the prosecutrix is ready to get married with the applicant.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 9.3.2024 in FIR / Case Crime No. 34/2024 u/s 376, 323, 504, 506 IPC, P.S. Saadatganj, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. Further, as a matter of fact the present applicant and prosecutrix are in affairs for about two years. He is willing to get married with the prosecutrix. He has further submitted that even if the statement of the prosecutrix recorded u/s 161 and 164 Cr.P.C. are taken on its face value the relevant fact would emerge that the relation of the applicant with the prosecutrix was consensual in nature. Learned counsel has further submitted that it appears that on account of ill-advice, the impugned F.I.R. has been lodged. The present applicant is having no prior criminal history of any kind whatsoever.

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Mohd. Salman, learned counsel for the prosecutrix and Sri Nishad, learned AGA has stated that though the allegations of F.I.R. are intact till recording of statement u/s 164 Cr.P.C., but if the applicant is willing and ready to get married with the prosecutrix, any appropriate order may be passed.

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This fact has been admitted at the Bar that the parties are major and belong to the same religion.

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On being confronted Mohd. Salman, learned counsel for the prosecutrix as to whether he has given the statement after seeking specific instruction from the prosecutrix, Mohd. Salman has stated that the prosecutrix is present in the Court, therefore, the Court may ask her wish by asking any question from her.

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Learned counsel for the applicant has submitted that the

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financial condition of the applicant is normal but he is not able to bear the expense on luxurious life, if the prosecutrix wishes for that life. On that, learned counsel for the prosecutrix has stated that the prosecutrix is also a simple lady and she wants to live a normal and respectable life, not a luxurious life, as per understanding of both.

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Having considered the submission of learned counsel for the parties, I find it appropriate that the present applicant may be enlarged on interim bail till 8.7.2024. The applicant shall furnish two sureties of Rs. 20,000/- and personal bond of like amount before the learned trial court.

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Accordingly, interim bail is granted.

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Let the applicant Aamir Ansari, involved in aforesaid case crime be released on interim bail on the aforesaid terms.

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Immediately after his release from the judicial custody / jail, he shall get married with the prosecutrix within a period of four weeks. Thereafter, both parties shall get their marriage registered before the Registrar of Marriages within further period of 15 days. However, they shall apply for the registration of marriage within a week after getting married and after completion of all required formalities the Registrar of Marriages shall register their marriage and shall issue marriage certificate.

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List on 8.7.2024. On the next date both the applicant and prosecutrix shall appear in person along with their marriage certificate and photocopy thereof shall be provided to the Court for keeping it on record. During the period of interim bail the applicant shall not leave the country and shall cooperate in the trial proceedings as charge-sheet has already been filed.

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If the present applicant violates any of the aforesaid conditions, the liberty is given to the prosecutrix / her family members / any other authorized person on her behalf to report the local police and in that case the applicant may be taken into judicial custody for the reason that on account of violation of any condition, as aforesaid, the interim bail order shall stand cancelled.

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This interim bail application may be made absolute on the next date considering the conduct of the present applicant.

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When the case is next listed name of Mohd. Salman shall be shown as counsel for the prosecutrix.

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Order Date :- 7.5.2024/Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Aamir Ansari v. State of U.P. Thru. Secy Home Civil Sectt. Lko

Case brief

What is this about?

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Aamir Ansari v. State of U.P. Thru. Secy Home Civil Sectt. Lko

Case brief

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What did the court decide?

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