Mo. Shahid Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Neutral Citation No. - 2025:AHC-LKO:20163

Court No. - 15

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 305 of 2025

Applicant :- Mo. Shahid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Smt. Arti Shukla, learned counsel for the applicant, Shri Statendra Srivastava, the learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.340 of 2024 under Sections 376, 323, 506 I.P.C. registered at Police Station- Gosaiganj, District- Sultanpur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 against the applicant, Raees and Vahid, stating that the informant had got married to co-accused Raees on 16.12.2021 and Vahid (applicant's son) had mediated settlement of the marriage. The informant's husband had given her Talak on phone due to which she was very disturbed. The applicant again tried to mediate in the dispute between the informant and her husband and when her husband did not listen to him, the applicant asked her to stay at his place for sometime. Taking advantage of the informant's situation, the applicant raped her during night. She told about the incident to Vahid in the morning whereupon both the persons beaten her up and turned her out of their house.

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In the statement of the victim recorded under Section 161 Cr.P.C., she alleged that applicant used to commit misdeed

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against her every night and thereafter he asked his son that he would get him married to the informant and thereafter the applicant's son Vahid also started making physical relations with her due to which she got pregnant. The applicant's son Vahid forcibly administered some medicine due to which she suffered miscarriage. A similar statement was given by the victim while recording her statement under Section 164 Cr.P.C.

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The medico-legal examination report of the victim does not contain any finding which may support the allegations levelled in the F.I.R. or in the statements of the informant.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has no criminal history and he has been falsely implicated in the present case.

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The applicant had filed Crl. Misc. Writ Petition No.7757 of 2024 and by means of an order dated 17.10.2024, a Division Bench of this Court had stayed the arrest of the petitioner till filing of charge-sheet.

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Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 22.10.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that informant herself has lodged the FIR in which she has not levelled allegation of commission of rape against the applicant and this allegation has been levelled subsequently; it is extremely strange that the informant has alleged in her statement that she had taken shelter in the house of the applicant and the applicant and his son both used to rape her, which allegation is not supported by the

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findings of the medico-legal examination report whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on anticipatory bail in the aforesaid crime.

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In view of the above, the anticipatory bail application of the applicants is allowed .

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In the event of arrest/ appearance of applicant- Mo. Shahid before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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(i) that the applicant shall make themselves available for interrogation by a police officer as and when required;

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(ii) that 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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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness.

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[Subhash Vidyarthi, J.]

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Order Date :- 9.4.2025/-Amit K-

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

Mo. Shahid v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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Mo. Shahid v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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