Shamshad Ali v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45988 of 2023 Applicant :- Shamshad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Ahmad,Nafees Ahmad Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the victim herself lodged an F.I.R. under Sections 452, 376, 323, 506 I.P.C. against the applicant by alleging therein that on 18.07.2023 when she was doing some household work in her house then applicant entered into her house and closed the door from inside and committed her rape in the room, when she opposed for the same the applicant assaulted her and also threatened to kill her daughter, she did not tell to anyone about this incident due to feeling shame, and on 0208.2023 again when the applicant tried to commit her rape she opposed for the same then the applicant fled away after committing marpeet with her. Learned counsel for the applicant further submits in her statements recorded under Sections 161 & 164 Cr.P.C. the victim has repeated the same version of the F.I.R. Learned counsel for the applicant further submits that in her medical examination the concerned doctor has not found any external or internal injury on the body of the victim. Learned counsel for the applicant further submits that during the course of investigation the Investigating Officer recorded the statement of one Zeenat, who is sister-in-law of the victim, wherein she has stated that there was dispute between the victim and her husband because the victim left her husband and went with a boy, for which an F.I.R. was also lodged, thereafter husband of the victim refused to keep her, then the applicant helped the victim and he left the victim to the house of her brother. Learned counsel for the applicant further submits that F.I.R. was lodged by the victim with a great delay of 14 days of the last incident to implicate the applicant with malicious intention. The applicant and the victim know each other very well prior to the incident, thus, it appears that victim is a consenting party. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 13.08.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Shamshad Ali, involved in Case Crime No. 436 of 2023, under Sections 452, 376, 323, 506 I.P.C., Police Station Pooranpur, District Pilibhit, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 31.10.2023 Mustaqeem./S.Ali High Court of Judicature at Allahabad