Allowed

Shahbaz Khan @ Shahbaz Ahmad v. State of U.P. Thru. Prin. Secy. Lko

Allahabad HC11 Sept 2024BAIL/9703/2024

Case brief

AI extract

What is this about?

Bail application by an applicant accused of rape and forced religious conversion following a prolonged relationship. The court found inordinate delay in FIR lodging and no criminal history, allowed bail with bonds of Rs.20,000 each and standard conditions.

What did the court decide?

Applicant released on bail in FIR/Case Crime No. 335 of 2024 on personal bond and two reliable sureties of Rs.20,000/- each.

Shahbaz Khan @ Shahbaz Ahmad vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62806

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9703 of 2024

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Applicant :- Shahbaz Khan @ Shahbaz Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko Counsel for Applicant :- Tarun Singh,Deepak Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Sri Amit Srivastava, learned counsel for the complainant as well as learned A.G.A. and perused the record.

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2 . In terms of the FIR filed on 31.05.2024, it was alleged through an application under Section 156(3) Cr.P.C. that the informant met the applicant in the year 2015 during a marriage function and thereafter became closed. It was also stated that the applicant kept her in a rented accommodation since the year 2016 and had promised her to marry her and despite promise of marriage continued the relationship in between them and family member of the applicant were forcing her to convert.

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3. Learned A.G.A. as well as the counsel for the complainant opposed the bail prayer.

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4. Considering the FIR and two statements accepting that the physical relations in between the applicant and the victim continued since the year 2015, prima facie, there is inordinate delay in lodging the FIR, as such, the applicant who is custody since 04.06.2024 and has no criminal history is enlarged on bail particularly when the tentative age of the victim is 33 years. Accordingly, the bail application is allowed .

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5. Let the applicant Shahbaz Khan @ Shahbaz Ahmad be released on bail in FIR/ Case Crime No. 335 of 2024, under Sections 323, 376 IPC and Section 3/5(1) UPPUCOR Act, 2021, Police Station Madiyaon, District Lucknow, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court 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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Order Date :- 11.9.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shahbaz Khan @ Shahbaz Ahmad v. State of U.P. Thru. Prin. Secy. Lko

Case brief

What is this about?

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Shahbaz Khan @ Shahbaz Ahmad v. State of U.P. Thru. Prin. Secy. Lko

Case brief

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What the court decided

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