Mo. Ibrahim Khan (In F.I.R. Ibrahim) v. State of U.P. Thru. Prin. Secy. (Home), Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2425 of 2023 Applicant :- Mo. Ibrahim Khan (In F.I.R. Ibrahim) Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sukh Deo Singh, the learned counsel for the applicant as well as Sri Rishikesh Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.298 of 2023, under Sections 376, 509 I.P.C., registered at Police Station - Kurwar, District - Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.09.2023 alleging that on 13.07.2023 the applicant had forcibly made physical relations with the informant under threat of spreading her video virally.

¶4In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 21 years, the applicant used to talk to her for the past six months, both of them love each other and they have made physical relations on numerous occasions but later on he declined to marry her. Before the Magistrate, the informant stated her age to be 27 years.

¶5In the affidavit filed in support of the application, it has been stated that the applicant is a 21 years old person having no criminal history and he has been falsely implicated in the present case.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that before Magistrate, the informant stated her age to be 27 years whereas the applicant is aged 21 years; that the informant has categorically stated that she loved the applicant and they had made physical relations with consent and considering the age of the informant and the applicant, coupled with the fact that the applicant has no previous criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Mo. Ibrahim Khan before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicant shall not, directly or indirectly make any 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 to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness; Order Date :- 31.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench