Nazim v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43940 of 2023 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 271 of 2023 at Police Station-Bhojpur, District-Moradabad under Sections 498A, 376, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961. The applicant is in jail since

26.08.2023. The bail application of the applicant was rejected by the learned trial court on 20.09.2023. The following arguments made by Shri Irshad Ahmad, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The delay in lodgment of the FIR in the facts and circumstances of the case is fatal to the prosecution case.

¶2The FIR arises out of a matrimonial dispute.

¶3The applicant is the brother-in-law of the victim.

¶4The applicant resides separately and he has no concern with the marital life of the victim.

¶5False and aggravated allegation has been made against the applicant at the instigation of the interested parties to leverage the criminal proceedings in the matrimonial dispute.

¶6Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

¶7The applicant does not have any criminal history apart from this case.

¶8The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Nazim be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 16.10.2023 Jaswant High Court of Judicature at Allahabad