Allowed

Mohd. Asad Alias Mohd. Ashad Alias Sebu v. State of U.P.

Allahabad HC17 Mar 2025BAIL/4036/2025

Case brief

AI extract

What is this about?

Third bail application under Sections 376, 328, 506 IPC. The victim stated in court she had married the applicant and was living with him willingly. Considering this fresh ground without expressing opinion on merits, the court allowed bail subject to conditions including trial within one year.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions.

Mohd. Asad Alias Mohd. Ashad Alias Sebu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:36911

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4036 of 2025

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Applicant :- Mohd. Asad Alias Mohd. Ashad Alias Sebu Opposite Party :- State of U.P. Counsel for Applicant :- Aushim Luthra,Irshad Husain Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Counter affidavit as well as rejoinder affidavit have been filed today in the Court, the same are taken on record.

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This is third bail application. The first and second bail applications were rejected by this Court vide orders dated 7.11.2025 and 3.12.2024 passed in Criminal Misc. Bail Application No. 34071 of 2024 and 44188 of 2024.

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Heard Mr. Manish Tiwari, learned Senior Counsel assisted by Sri Mr. Aushim Luthra, learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the material available on record.

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The applicant seeks bail in Case Crime No. 176 of 2024, under Sections 376, 328, 506 IPC, P.S. Phaphamau, District Prayagraj, during pendency of trial.

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Learned counsel for the applicant argued that the present third bail application is being pressed on the fresh ground that at present, the victim is residing in the applicant's house and she has regularly visited the applicant in jail. He submits that the alleged victim is deponent of the present case and the victim herself is present before this Court.

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Upon query made to the victim, the victim has stated that she has solemnized marriage with the applicant and at present, she is residing in the applicant's house on her own sweet will.

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Learned counsel for the applicant further argued that the applicant has criminal history of five cases, which have been explained in paragraph no.27 of the bail application. Several

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other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 7.7.2024.

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Learned A.G.A has vehemently opposed the prayer for grant of bail but he has not disputed the above submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties as well as statement of the victim that she has solemnized marriage with the applicant and at present, she is residing in the applicant's house, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Mohd. Asad Alias Mohd. Ashad Alias Sebu , who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) 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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(ii) 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 her under Section 229-A IPC.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to

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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 174-A IPC.

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(iv) 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 313 Cr.P.C. 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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With the above observation/direction, the instant bail application is allowed .

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Order Date :- 17.3.2025 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Mohd. Asad Alias Mohd. Ashad Alias Sebu v. State of U.P.

Case brief

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Mohd. Asad Alias Mohd. Ashad Alias Sebu v. State of U.P.

Case brief

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