High Court
Case Details
Neutral Citation No. - 2025:AHC:88364 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49464 of 2023 Applicant :- Monu Ansari @ Akhtar Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Manauvar Husain,Syed Ahmed Faizan,Sr. Advocate,Zaheer Asghar Counsel for Opposite Party :- Alok Mishra,Amritesh Dwivedi,G.A.,Harsh Vardhan Singh Hon'ble Dr. Gautam Chowdhary,J.
Legal Reasoning
1. Heard Shri N. I. Jafri, learned Senior Advocate, assisted by Shri Syed Ahmad Faizan, learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. This is the second bail application moved on behalf of the applicant. His first bail application was rejected by this Court vide order dated 27.07.2023 passed in Criminal Misc. Bail Application No. 58781 of 2022. 3. Learned counsel for the applicant submits that as per prosecution version the allegation against the applicant is that he made obscene video of the co-accused, Abrar Ansari, and the daughter of the informant and thereafter the applicant has send the said video to one other co-accused namely Chaman Prakash, who subsequently uploaded the said video which went viral. It has been alleged by the prosecution that voice of the person who was recording the video is of the applicant. Learned counsel for the applicant further submits that the stage of trial the informant appeared as P.W.1, who in his deposition before the trial court has specifically stated that the co-accused Abrar had made sexual relations with his daughter forcibly and the applicant had made that obscene video and thereafter he sent that video to the other co- accused, Chaman Kushwaha. Learned counsel for the applicant further submits that, that video was not exhibited and there is no F.S.L. report to show that the voice of the person who was recording the video is of the applicant. Even mobile phone of the applicant was not taken by the Investigating Officer during the course of investigation. Moreover, there is no evidence that applicant had send the said video to the co-accused, Chaman Kushwaha. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 18.10.2022, with no criminal history. 4. Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail of the applicant by contending that there is active participation of the applicant in recording the said video, but they could not dispute that the voice of the person who was recording the video is of the applicant as there is no F.S.L. report in that regard. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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 and keeping in view of the interest of two children of the applicant who are living with their grandmother, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant-Monu Ansari @ Akhtar Kamal, involved in Case Crime No. 0365 of 2022, under Sections 306, 120-B I.P.C. and Section 67 of I.T. Act, Police Station Nebua Naurangia, District Kushi Nagar, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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. 7. 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 in accordance with law. 8. The bail application is allowed. Order Date :- 23.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad