Absar Ahmad vs State of U.P.

Neutral Citation No. - 2025:AHC:51376

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5872 of 2025

Applicant :- Absar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

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This bail application under Section 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Absar Ahmad, seeking enlargement on bail during trial in connection with Case Crime No. 97 of 2023, under Section 376 I.P.C., registered at Police Station Dharmsinghwa, District Sant Kabir Nagar.

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The FIR of the matter was lodged on 31.10.2023 by the victim herself against the applicant with the allegation that she has love affair with the applicant since last two years and the applicant on a false promise to marry indulged in physical relationship with her. She is having pregnancy of three months but now the applicant is refusing marriage with her.

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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 major girl aged about 19 years. It is submitted that since the discussion of marriage between the applicant and the victim could not materialize the present FIR has been lodged. It is further submitted that the applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 04.11.2023.

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Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him of committing rape on her.

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After having heard learned counsels for the parties and perusing

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the records, it is evident that the victim is a major girl aged about 19 years. Since the discussion of marriage between the applicant and the victim could not materialize, the FIR has been lodged.

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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 Absar Ahmad , be released on bail in the aforesaid case crime number on 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 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 82 Cr.P.C., 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 174-A I.P.C.

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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 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 and the trial court may proceed against him under Section 229-A IPC.

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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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The bail application is allowed .

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Pending application(s), if any, shall stand disposed of.

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Order Date :- 9.4.2025 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Absar Ahmad v. State of U.P.

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Absar Ahmad v. State of U.P.

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