Mohammad Ibrar v. State of U.P. Thru. Prin. Secy. Deptt. Home Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13997 of 2023 Applicant :- Mohammad Ibrar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lucknow Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

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

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.514 of 2023 under Section 452, 342, 376, 323, 506 IPC PS Kotwali Nagar, District Gonda.

¶3Learned counsel for the applicant has submitted that prosecutrix lodged FIR against the applicant and as per FIR, incident took place on 27.2.2023 whereas, her application under Section 156 (3) CPC for lodging report has been given before the Magistrate on 4.3.2023 and the FIR has been lodged on 24.6.2023 in pursuance of direction issued by the Magistrate. It has been submitted by the learned counsel for the applicant that prosecutrix is married lady and the applicant has been falsely implicated in the case for the reason that the applicant was residing in Qatar and he had remitted Rs.1,75,000/- in the account of the husband of the prosecutrix and the same has been filed as Annexure No.7 to the bail application. Learned counsel for the applicant has submitted that the said amount was given as loan to the husband of the prosecutrix and when the applicant asked the said money, the husband of the prosecutrix refused to repay the amount. He has further submitted that there is only monetary reason otherwise, the applicant is real maternal uncle and there is no reason as to why the applicant will commit the said offence against the prosecutrix. He has further invited attention of this Court towards the statement of independent witness Munna and Nisar Ahmad who are belonging to the village of prosecutrix and they have not supported the prosecution case. He has further submitted that it is a case of false implication and medical report is also not supporting the prosecution case. He has submitted that the applicant has no criminal history and he is in Jail since 11.8.2023.

¶4Learned A.G.A. opposed the prayer for bail and has submitted that prosecutrix under Section 164 CrPC statement, has levelled the allegation of rape against the applicant, therefore, the bail is liable to be rejected.

¶5Considering over all facts and circumstances of the case, the argument of false implication, the argument that the amount of loan advanced by the applicant was not paid by the husband of prosecutrix and, therefore, FIR was lodged, the argument that in their statements the independent witnesses Munna and Nisar Ahmad have not supported the prosecution case and medical report is also not supporting the prosecution case, it is a fit case for bail.

¶6Let the applicant, Mohammad Ibrar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) 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. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

¶7It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 28.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench