Abrar v. State of U.P. and Another

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44146 of 2023 Applicant :- Abrar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Qasim 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. 396 of 2023 at Police Station-Kotwali Dehat, District-Bulandshahar under Sections 328 and 376D I.P.C. The applicant is in jail since 23.07.2023. The bail application of the applicant was rejected by the learned trial court on 25.08.2023. The following arguments made by Shri Mohd. Qasim, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA for the State from the record, entitle the applicant for grant of bail:

(1). The applicant and the victim were intimate and had consensual physical relations.

(2). The FIR is a result of the said relationship going awry.

(3). The criminal proceedings are being leveraged to extort money from the applicant and force him to marry the victim.

(4). The victim rode pillion on the motorcycle being driven by the applicant.

(5). The victim admittedly consumed cold drink at a public place which was purchased from a nearby shop. There was no occasion for the applicant to spike the cold drink with sedatives.

(6). The victim was never confined or bound down in any manner. The victim was present at various public places but never raised an alarm nor did she resist the applicant. The conduct of the victim shows that she was a consenting party.

(7). Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

(8). The applicant does not have any criminal history apart from this case. Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail. He does not have an effective pairokar. Hence, details of the case could not be obtained and stated in the bail application. However, relying on the records available with the learned AGA and the instructions received from his client, learned counsel for the applicant submits that the applicant was falsely nominated in the said case. The said case does not depict commission of heinous crime and have no bearing on the instant bail application.

(9). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial 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-Abrar 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 :- 17.10.2023 Vandit High Court of Judicature at Allahabad