Mohd. Afzal Khan Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 12896 of 2024

Mohd. Afzal Khan

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Ramakar Shukla, Hanumant Lal Yadav, Shailendra Singh Chauhan Counsel for Opposite Party(s) : G.A.

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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

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In the prosecution case, it is alleged that on 6.5.2024, the informant left her daughter at Madarsa. On 4.6.2024, the Madarsa coordinator Abuwaqra Naimi informed the complainant that her daughter has gone somewhere.

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Learned counsel for the applicant submits that the applicant is innocent. In the statement under Section 164 CrPC, the victim has made an allegation of rape against the applicant. However, the victim while giving statement before the trial court has not supported the prosecution case and she has been declared hostile. Thus, there does not appear to be any chance of tampering the prosecution evidence. He submits that the medico legal examination of the victim does not corroborate the prosecution case. It is submitted that the complainant has been examined before the trial court and she has been declared hostile.

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It is further submitted that the applicant has explained the criminal history of four cases in the bail application and he is languishing in jail since 9.9.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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BAIL No. 12896 of 2024

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2

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 161 and 164 CrPC, lack of corroborative medical evidence in support of the prosecution case so also the fact that the victim herself has been declared hostile by the trial court; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail since 9.9.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Mohd. Afzal Khan involved in Case Crime No. 182 of 2024, under Sections 363,366,366A,376,342 I.P.C. & Section 5/6 of POCSO Act, Police Station- Jagdishpur, District- Amethi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in

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BAIL No. 12896 of 2024

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3

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accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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(Karunesh Singh Pawar,J.)

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September 10, 2025 Shravan

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

Mohd. Afzal Khan v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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Mohd. Afzal Khan v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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