Allahabad High Court
Mohd. Akib vs State Of U.P. on 16 May, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:81484 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6026 of 2025 Applicant :- Mohd. Akib Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Javed Alam,Mohd. Azam Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Javed Alam, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.528 of 2024, under Sections 64, 351(2) B.N.S., Police Station- Naugawan Sadat, District- Amroha, during the pendency of trial.
5. As per prosecution story, the applicant is stated to have befriended the victim on Instagram by posting a fake ID in the name of one Aksha-2223, and subsequently, came to the house of the victim wearing Burqa, as such, committed rape with her and video recorded the said act with the help of his brothers and blackmailed her to make the said video viral and had taken Rs.40,000/- from her and further demanded Rs.2 lakhs.
6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is no date and time of offence mentioned in the FIR. The only date mentioned is regarding the offence of forcibly entering the house of victim i.e. on 8.9.2024 at about 09:30 p.m. and of threatening her to make the said video viral.
7. Learned counsel for the applicant has further stated that the allegations are per se false as there is no recovery of any video whatsoever. The allegations that victim had attempted to commit suicide are also false as there is no medical corroboration of the said incident also. The victim is obviously major as she is a married lady.
8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant has misused his clout and had established corporeal relationship with the victim by force and had even blackmailed her to make the said video of the victim viral.
10. It is further argued by learned counsel for the informant that the said videos were provided to the Investigating Officer but he has not made them the part of case diary in collusion with the applicant, as such, the applicant is not entitled for bail.
11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no recovery of any video whatsoever and the FIR being delayed and victim being a married lady, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
12. Let the applicant- Mohd. Akib, 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.
(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
14. 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.
Order Date :- 16.5.2025/ Vikas (Justice Krishan Pahal)