High Court
Case Details
Neutral Citation No. - 2025:AHC:84473 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5934 of 2025 Applicant :- Mohd. Naeem Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Vikrant Gupta, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Mohd. Naeem, seeking enlargement on bail during trial in connection with Case Crime No. 249 of 2024, under Sections 452, 376D, 323 I.P.C., registered at Police Station Swar, District Rampur. 4. The FIR of the matter was lodge on 24.06.2024 by Bhura against the applicant and Samar alleging therein that on 21.06.2024 he had gone to work and his wife had gone to bring medicines where at about 11: 00 am the accused persons entered inside the house and findings his daughter alone aged about 15 years by extending threats with country made pistol committed rape simultaneously. They also assault her. They had an evil eye on her since before. When he returned in the evening his daughter and wife told about the incident. FIR be lodged and action be taken. 5. Learned counsel for the applicant submitted that the prosecution case is totally false. The applicant is falsely implicated in the present. It is submitted that the victim was medically examined by the Chief Medical Officer, Rampur and was opined to be aged about 19 years as per certificate dated 28.06.2021 issued by him. It is further submitted that the trial in the matter has started in which the first informant Bhura was examined as PW-1 who did not support the prosecution case and has been declared hostile. Further, the victim was examined as PW-2 who also did not support the prosecution case and has been declared hostile, copy of both the statements have been placed before the Court which are annexure S.A.1 and 2 respectively to the supplementary affidavit dated 10.04.2025. Further, it is submitted that victim has stated that her brother had a fight with the accused persons after which her father lodged the FIR. It is submitted that the same would go to show that the applicant has been implicated falsely. It is submitted that even otherwise the FIR has been lodged afterthought which is evident from that the fact that the same has been lodged after three days of the incident which is alleged to have taken place on 21.06.2024 and the FIR has been lodged on 24.06.2024 for which there is no plausible explanation for the same. It is submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 01.07.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that although in the FIR the victim is stated to be aged about 15 years but as per the certificate of CMO she is aged about 19 years and as such she is a major. The trial in the matter has started in which the first informant Bhura the father of the victim was examined as PW-1 and the victim was examined as PW-2 who have not supported the prosecution case and have been declared hostile. The FIR has been lodged after delay of about three days for which there is no plausible explanation for the same. 8. Looking 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. 9. Let the applicant Mohd. Naeem, 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. 10. The 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. 11. The bail application is allowed.
Decision
12. Pending application(s), if any, shall stand disposed of. Order Date :- 20.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad