Allahabad High Court
Habiburrahman @ Laddu vs State Of U.P. on 16 April, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:55559 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12406 of 2025 Applicant :- Habiburrahman @ Laddu Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Kuldeep Kumar Gupta, learned counsel for the applicant and Sri Vinay Kumar Pathak, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 201 of 2018, under Sections 376, 315, 323 of IPC, Police Station - Dumariyaganj, District - Siddharthnagar, during the pendency of trial.
4. As per prosecution story, the applicant along with co-accused persons, Salman Chaudhary and Abdus Salam is stated to have committed gang rape with the victim when she was staying in their house to take care of the patients.
5. 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 as alleged in the FIR. The FIR is delayed by about seven days from the date of incident of assault and there is no explanation of the said delay caused.
6. Learned counsel has also stated that the victim got pregnant as she has illicit relationship with the co-accused Salman Chaudhary, nephew of the applicant. The victim has reiterated the allegations made in the FIR in her statement recorded u/s 161 Cr.P.C. but has not allayed any allegations of rape at the stage of recording of her statement u/s 164 Cr.P.C., as such, it is a clear cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 12.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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.
9. Let the applicant- Habiburrahman @ Laddu, 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 will not tamper with the evidence during trial.
ii) The applicant will not pressurise/intimidate with the prosecution witnesses.
iii) The applicant will appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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:- 16.4.2025 Siddhant (Justice Krishan Pahal)