Allahabad High Court
Afsar Ali @ Gopali vs State Of U.P. on 18 August, 2021
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23666 of 2021 Applicant :- Afsar Ali @ Gopali Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan,Mohd. Mobin Ansari Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No.137 of 2020, u nder Sections 366, 376 and 504 IPC Police Station-Sakit, District-Etah with the prayer to enlarge the applicant on bail.
The F.I.R. of this incident was lodged on 13.08.2020 by the complainant against the present accused and other co-accused about the elopement of his sister.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case; that the girl was in consensual relationship with the present accused and she was major as per medical examination report, copy of which has been annexed as at page No.31; that as per medical report she is found to be 17-18 years of age; that the alleged victim has approached the High Court for protection by filing writ petition No.17381 of 2020 (Smt. Subhana Ali and another vs. State of U.P. and 3 others) in which she has specifically stated that she solemnized marriage with the applicant on her own sweet and free will, copy of the Nikah Nama has been annexed at page No.8 and in which and the High Court has provided the protection; but the victim due to pressure of her family, in her statement recorded by the police under Sections 161 Cr.P.C. and 164 Cr.P.C. on 31.08.2020 and 14.09.2020 respectively has supported the prosecution story. Lastly, it is argued that the applicant is in jail since 27.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Afsar Ali @ Gopali be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021 Pr/-