Allowed

Nasir @ Basir v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 3 Others

Allahabad HC8 Apr 2025BAIL/2770/2025

Case brief

AI extract

What is this about?

This is a bail application under various sections of the B.N.S. and P.O.C.S.O. Act. The applicant seeks release after being incarcerated since December 2024. The court noted contradictions in the victim's statements and prior bail grants to co-accuseds, allowing the application.

What did the court decide?

Release on bail by furnishing personal bond and two sureties in like amount.

Nasir @ Basir Vs State of U.P. Thru. Prin… — Child Custody and Guardianship | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:19638

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2770 of 2025

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Applicant :- Nasir @ Basir Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others

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Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Aman Kumar Shrivastav, learned counsel for the applicant, Sri Rajeev Kumar Verma, the learned AGA for the State, Sri Satish Jha, the learned counsel for the informant/opposite party no. 2 and perused the records.

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Supplementary affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.513 of 2024, under Sections 74, 76, 70(2), 191(2), 333, 351(3) B.N.S., 5g/6 of P.O.C.S.O. Act & 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act registered at Police Station- Phool Behad, DistrictLakhimpur Kheri.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.11.2024 against six persons, including the applicant, stating that the informant's daughter aged about 21 years was abducted from her home on 07.07.2024 by the accused persons. She was recovered by the police on 19.07.2024 but she again got abducted on 12.08.2024. The police again recovered her on 21.09.2024. On 04.10.2024, the accused persons entered the informant's house and asked the informant's elder daughter (who had gone missing repetitively

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earlier) to take out the jewellery etc. The informant's younger daughter objected against it whereupon the accused persons molested her. The informant's elder daughter took away some documents and Rs.35,000/- in cash and went away with the accused persons.

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In the statement of the victim recorded under Section 180 B.N.S.S., she supported the F.I.R. allegations and she also levelled allegations against her elder brother that he had instigated the co-accused persons. The medico-legal examination report of the victim does not mention any mark of injury or sign of use of force.

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In the statement of the victim recorded under Section 183 B.N.S.S., she added that co-accused Imran had raped her by inserting his finger in her vagina.

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The informant's elder daughter has given an application to the Station House Officer stating that she is in love with coaccused Imran and she had gone with her out of her own free will. She has categorically stated that her mother has lodged the F.I.R. on the basis of false allegations.

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In the affidavit filed in support of the bail application, it has been stated that the applicant has falsely been implicated in the present case. The applicant is languishing in jail since 27.12.2024. The applicant's involvement in two other cases has been disclosed in the supplementary affidavit filed in support of the bail application, in both of which he has been released on bail. It has also been submitted on behalf of the applicant that the co-accused Danish and Akbar have already been enlarged on bail by this court by means of orders dated 02.04.2025 and 03.04.2025 passed in Criminal Misc. Bail Application Nos. 2757 of 2025 and 2780 of 2025 respectively.

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Learned A.G.A. and the learned counsel for the informant have opposed the bail application. They have submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 08.02.2025 against five accused persons, including the applicant. Investigation against one of the co-accused persons is pending.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the elder daughter of the informant was abducted by the accused persons on two previous occasions but she has stated that she has gone away with Imran out of her own free will and her mother has lodged the F.I.R. on false allegations; that although the victim has alleged that her elder sister had exhorted the accused persons to kill her, she has not made an accused in the case and that the applicant is aged about 50 years and that the applicant is languishing in jail since 27.12.2024 whereas the investigation as against the applicant stands concluded and the co-accused persons Danish and Akbar have already been enlarged on bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Nasir @ Basir be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by

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the trial court, unless his appearance is exempted by the learned trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 8.4.2025 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Nasir @ Basir v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 3 Others

Case brief

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Nasir @ Basir v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 3 Others

Case brief

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