Taukir Khan v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48798 of 2023 Applicant :- Taukir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Jeet Bahadur Singh,Dilip Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Jeet Bahadur Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Taukir Khan, seeking enlargement on bail during trial in connection with Case Crime No. 240 of 2023, under Sections 376, 342, 506 I.P.C., registered at Police Station Lalauli, District Fatehpur.

¶4The FIR of the matter was lodged on 24.09.2023 by the victim herself against the applicant alleging therein that he is her relative. One day on the pretext of cleaning of the house and while she was working there he enraged her modesty. He threatened her that he has made an objectionable video which he would make it viral. On

12.07.2023 at about 02:00 am he threatened her and she was taken by Tufail and Yasmeen on a motorcycle where the applicant was already there and he then kept her in his confinement and committed rape upon her. She somehow came out from it and made a complaint to the police after which the police got the matter settled and she went with the applicant. Subsequently, on

12.09.2023 she somehow managed to save her life and ran away.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major woman aged about 40 years. It is argued that the victim lived with the applicant for about two months in his house as his wife without any complaint whatsoever. Para 11 and 12 of the affidavit has been placed before the Court. He further argued that the applicant has no criminal history as stated in para 14 of the affidavit and is in jail since 15.10.2023.

¶6Per contra, learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major woman aged about 40 years. The applicant is her relative. She went to the house of the applicant and remained there with him since last two months. There was a dispute between them and they reached the police station after which the settlement was entered and then the victim went with the applicant.

¶8Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

¶9Let the applicant Taukir Khan, 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 concerned with the following conditions which are being imposed in the interest of justice:-

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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶10The 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 and send the applicant to prison.

¶11The bail application is allowed. Order Date :- 12.12.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad