Asharful Islam Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32639 of 2025

Asharful Islam		Versus		.....Applicant(s)
State of U.P.				.....Opposite Party(s)
Counsel for Applicant(s)	:	Anand Ji Pandey	Mishra,	Kaushal Kumar
Counsel for Opposite Party(s)	:	G.A.
Court No.- 64

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HON'BLE SAMIT GOPAL, J.

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1. List revised.

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Heard Sri Anand Ji Mishra, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Asharful Islam, seeking enlargement on bail during trial in connection with Case Crime No. 373 of 2025, under Sections 64, 89, 352, 351(2) BNS, registered at Police Station Kankarkhera, District Meerut.

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The FIR of the matter was lodged on 05.06.2025 by the victim against the applicant and one other person alleging therein that she along with her husband were living in Meerut and were doing work under a contractor. Around one year, her husband became ill and went back to his town Assam but she continued living there and earned her livelihood. The applicant was also working under the contractor. Around six months back, the applicant committed rape upon her and clicked her objectionable photographs and on a threat to make them viral continued to commit sexual exploitation. In the meantime, she became pregnant and she was given medicines due to which she aborted the said pregnancy. The applicant demanded money from her. When she made a complaint to the contractor he used to abuse to her. Report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is a married major woman aged about 22 years. It is submitted that in so far as the allegation of rape is concerned, the same is stated to be about six months back but the same is without any specific date and time and is a vague description. It is submitted that the victim did not make any complaint earlier to any authorities regarding the allegation of rape but after about six months has lodged the present FIR just in order to falsely

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BAIL No. 32639 of 2025

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implicate and harass the applicant. It is submitted that charge sheet in the matter has been submitted against the applicant, para 14 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 6 of the affidavit and is in jail since 08.06.2025.

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Per contra, learned counsel for the State opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a married major woman. She was living alone after her husband went to home town. No date and time of the alleged act of rape has been mentioned in the FIR which is stated to have been committed around six months back. No alleged photographs has been recovered during investigation. Previously there was no complaint made by the victim about the incident. Charge sheet in the matter has been submitted against the applicant.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Asharful Islam , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties ( one of the sureties of the applicant will be his family member and the other to be of local person ) 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 BNS,

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BAIL No. 32639 of 2025

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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