Allahabad High Court
Sahibe Alam vs State Of U.P. on 1 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:77501 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16856 of 2024 Applicant :- Sahibe Alam Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State.
2. The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.91 of 2024, under Sections 498A, 323, 494, 313, 506, and 384 IPC, Section 3/4 Dowry Prohibition Act and Section 67 Information Technology (Amendment) Act, 2008, Police Station Vijay Nagar, District Ghaziabad during pendency of the trial.
3. FIR of the present case was lodged against the applicant and his family members and according to the FIR, informant was in live-in-relationship with the applicant since the year 2017 and on 24.11.2022 her marriage was performed with applicant and after marriage applicant and her family members demanded dowry and tortured her. It is further mentioned in the FIR that applicant and his family members also prepared obscene video of the informant and blackmailed her and as per allegation co-accused Faizan her 'jeth' also committed rape upon her. It is further mentioned in the FIR that about Rs.16,00,000/- has been received by applicant and his family members under extortion. It i s further mentioned in the FIR that on 6.2.2024 applicant and his family members including his brother Faizan made assault upon the informant and due to assault made by them her miscarriage was caused.
4. Learned counsel for the applicant submits that on the basis of false and omnibus allegation FIR of the present case was lodged.
5. He further submits that actually after marriage matrimonial dispute arose between the applicant and his wife and only due to matrimonial discord informant lodged FIR of the present case,
6. He further submits that even from the perusal of the FIR it reflects that it is based on false and frivolous facts and no reliance can be placed on such hypothetical version.
7. He next argued that however as per allegation due to assault made by applicant and his brother Faizan miscarriage was caused to the informant but this allegation is totally false and there is no cogent evidence on record which can show that miscarriage was caused due to assault made by applicant and others.
8. He further submits that medical report of the informant has been annexed at pager 82 of the paper book and from its perusal it appears that according to the Doctor there may be chances of abortion and Doctor further noted that cause of abortion cannot be ruled out and, therefore, this fact suggests that totally on the basis of false allegation of causing miscarriage FIR of the present case was lodged.
9. He further submits that earlier also in the year 2022 miscarriage of the informant was caused and this fact is evident from her medical report dated 10.12.2022 which has been annexed at page 57 of the paper book.
10. He further submits that informant is having history of abortion and, therefore, her subsequent abortion could also be caused due to her medical condition.
11. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 17.3.2024.
12. Per contra, learned AGA although opposed the prayerfor bail but could not dispute the arguments on facts advanced by the learned counsel for the applicant.
13. I have heard learned counsel for the parties and perused the record of the case.
14. However, applicant is the husband of the informant but it appears that on the basis of omnibus allegation he has been made accused along with his other family members and the story narrated by the victim, i.e., informant does not appear to be convincing.
15. Further, however, in the FIR there is specific allegation that due to assault made by applicant and his brother Faizan miscarriage was caused to the informant but her medical report does not even clearly suggests that it was a case of abortion and even Doctor could not opine, what was the cause of abortion and, therefore, this Court finds force in the argument advanced by the learned counsel for the applicant that there is no cogent evidence on record which can show that applicant and his brother caused miscarriage to the informant.
16. Record further suggests that earlier also in the year 2022 spontaneous miscarriage was caused to the informant and, therefore, considering her previous history of miscarriage it cannot be ruled out that her miscarriage was again caused spontaneously.
17. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 17.3.2024.
18.Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
20. Let the applicant-Sahibe Alam be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 1.5.2024 SKM