Allowed

Mohd. Javed v. the State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC27 Aug 2024BAIL/9081/2024

Case brief

AI extract

What is this about?

Bail application for an accused in FIR alleging physical relations on false pretext of marriage leading to pregnancy. Court noted delayed FIR, victim being major and applicant's undertaking to marry the victim if paternity is established, and granted bail with standard conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties of Rs.20,000/- each, subject to conditions.

Mohd. Javed vs the State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58040

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9081 of 2024 Applicant :- Mohd. Javed Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey,Osama Syed

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.108 of 2024, under Section 376, 342, 406, 420 IPC, P.S. Saadatganj, District Lucknow.

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3. In terms of the FIR registered on 04.07.2024 it was alleged that the applicant and the victim met through website Jeevansathi.com and thereafter, they used to talk to each other and on the false pretext of marriage, apparently physical relations were formed. Subsequently, when the victim became pregnant and came to know about the pregnancy on 27.06.2024, the victim came to know that she was pregnant on account of physical relations with the applicant.

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4. Learned counsel for the applicant draws my attention to the statement of the doctor who states that as the pregnancy is of eight weeks, DNA profiling to match the paternity of the child is not possible at this stage.

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5. Learned AGA has opposed the bail application.

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6. Considering the fact that the FIR was lodged after substantial delay; the victim is major and the applicant states that sample of the applicant has already been taken and in case the paternity of the child is established with the applicant, he is ready and willing to marry the victim and the further undertaking that till the time the child is delivered the applicant would not marry elsewhere, the applicant who is in custody since 22.07.2024, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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7. Let the applicant Mohd. Javed be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court

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concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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8. In case, the applicant resiles from his undertaking, the applicant would be at liberty to file a bail cancellation application.

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Order Date :- 27.8.2024

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nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Javed v. the State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Mohd. Javed v. the State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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