Zaheer 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. - 2624 of 2023 Applicant :- Zaheer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dinesh Kr. Chaudhary, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in Complaint Case No. 3569/23/18, under Section 376 IPC, Police Station Kotwali Dehat, District Balrampur.

¶3The aforesaid case has been registered on the basis of an application under Section 156(3) Cr.P.C. filed on 24.10.2018 against the applicant and his brother-in-law, by wife of the husband's brother-in-law-co-accused Sanuwar Ali, alleging that after getting married to co-accused Sanuwar Ali, the informant was harassed for demanding dowry by her husband and other family members and that the applicant raped her several times.

¶4In the affidavit filed in support of the application it has been contended that the applicant is 33 year's old person having no criminal history and he has falsely been 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 there appears to be disputes between the informant and her husband-co-accused Sanuwar Ali; that the informant alleged commission of rape soon after 10.01.2018 and the complaint has been lodged on

24.10.2018; that the complaint does not mention any specific date of commission of offence and besides the complainnat's statement there is no other material to support the charges 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 during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Zaheer before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial 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 :- 9.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench