Allahabad High Court
Alishan vs State Of U.P. on 22 May, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved On.03.05.2023 Delivered On 22.05.2023 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53985 of 2022 Applicant :- Alishan Opposite Party :- State of U.P. Counsel for Applicant :- Indra Bhan Yadav, Akash Deep Srivastava Counsel for Opposite Party :- G.A., Sukrampal Hon'ble Raj Beer Singh,J.
1. Two supplementary affidavits filed by the learned counsel for the applicant, are taken on record.
2. Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
3. The present bail application has been filed by the applicant in Case Crime No. 245 of 2022, under Sections 376-D, 342 IPC, P.S. Mirzapur, District Saharanpur, with the prayer to enlarge the applicant on bail.
4. The informant has lodged first information report on 14.10.2022, under Section 376-D IPC, against the applicant and co-accused Shahban, Javed Afzaal, alleging that her sister-in-law was 12th passed, but a graduation degree was required for her job and that one of the her relative told that he can got arranged the graduation degree from Glocal University, Saharanpur. At his instance, on 25.03.2022 the informant along with her sister-in-law (nanad), went to Saharanpur and met co-accused Shahban, who has assured to provide a graduation degree for her sister-in-law and he took them to the Glocal University and demanded Rs. 2 lakhs for providing a graduation degree. The informant expressed her inability to pay the amount. The informant was got stayed at a flat in Saharanpur. On the same day at 9.00 PM, co-accused Shahban along with applicant Alishan and co-accused Javed and Afzaal came at the said flat and told that they would provide the graduation degree without any charges but asked her to establish physical relations with them. The informant resisted, but all the four accused persons, including the applicant, committed rape upon informant.
5. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The alleged incident has been shown of 25.03.2022, but first information report has been lodged with long delay on 14.10.2022 and this long delay creates serious doubts about the authenticity of the version of informant/victim. The informant/victim is a mature lady, aged about 21 years. It was submitted that applicant is son of Hazi Iqbal @ Bala, who is an active member of 'Bahujan Samaj Party', and he is a former M.L.C. and after change of Government in State of U.P., the father of applicant was subjected to harassment by the ruling party and instant case is also one of such instance, where the family of applicant is being subjected to harassment. The co-accused Afzaal and Javed are real brothers of applicant and it cannot be believed that the three real brothers would have indulged in any such incident. The alleged medical examination of victim has been conducted on 14.10.2022 after about seven months of the incident and thus, the said medical examination is of no use of prosecution. Even otherwise no injury has been shown on the body of victim. Learned counsel has referred the statement of victim, recorded under Section 161 and 164 Cr.P.C., and submitted that the allegations of rape, levelled against the applicant and co-accused persons, are wholly false and improbable. The first information report has been lodged with mala-fide intention under political pressure. The criminal history of some cases shown against the applicant, has duly been explained in supplementary affidavit. Lastly, it is submitted that the applicant is languishing in jail since 15.10.2022, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
6. Learned A.G.A. has opposed the prayer for bail and submitted that in her statement under Section 161 and 164 Cr.P.C, victim has made allegations of rape against the applicant and co-accused persons and that there is long criminal history of applicant.
7. 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.
8. Let the applicant Alishan involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions:
i. The applicant shall not tamper with the evidence during the trial.
ii. The applicant shall not pressurize/ intimidate the prosecution witness.
iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.5.2023 A. Tripathi