Allahabad High Court
Farman Ali vs State Of U.P. on 13 April, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14111 of 2023 Applicant :- Farman Ali Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Sri K.K. Singh, learned Advocate has filed vakalatnama on behalf of informant, which is taken on record.
Heard learned counsel for the applicant-accused, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-accused in case crime No.60 of 2022, under Sections 366, 342, 354, 376, 506 IPC, police station Chakiya, District Chandauli with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has not committed any offence. Victim is a major girl, aged 18 years. In her statement under Section 161 Cr.P.C, victim has made allegation of kidnapping against one Nehal and she has stated that applicant has treated her well. In her statement under Section 161 Cr.P.C, victim has not made any allegation against applicant. It was submitted that in her statement under Section 164 Cr.P.C., victim girl has made false allegation that applicant has forcibly married with her and kept her confined for six months and forcibly established relations with her. Learned counsel submitted that in fact victim and applicant have married with each other. The copy of 'Nikahnama' has been annexed as Annexure-6. After performing 'Nikah', they have got registered their marriage and copy of registration of marriage has also been annexed along with this application. Referring to facts of the matter, it was submitted that victim and applicant have married with each other with their own consent. Lastly, it has been submitted that the applicant-accused is languishing in jail since 21.10.2022, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the informant has not opposed the bail and submitted that as victim and applicant have already married with each other, thus, the applicant may be granted bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-accused Farman Ali involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant-accused shall not tamper with the evidence during the trial.
2. The applicant-accused shall not pressurize/ intimidate the prosecution witness.
3. The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.
Order Date :- 13.4.2023 Neeraj