High Court
Case Details
Neutral Citation No. - 2025:AHC:112117 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23156 of 2025 Applicant :- Arif Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Mohit Kumar Jaiswal, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Arif Khan, seeking enlargement on bail during trial in connection with Case Crime No. 278 of 2025, under Sections 69, 64(1), 115(2), 352, 351(3), 89 B.N.S. and Section 3, 5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Jagdishpura, District Agra. 4. The first information report of the present matter was lodged on 13.05.2025 by the victim against the applicant alleging therein that she is aged about 24 years old. She has friendship with the applicant since the last two years who is also 24 years old. They slowly slowly started talking to each other and the applicant used to come around her house. When they started talking the applicant made a false promise to marry and established physical relationship with her. When she told him to marry he avoided it and stated that he would marry soon. He established physical relationship many times on the said false pretext. On 03.04.2025 he called her, abused her, assaulted her and threatened her. He also told her to change her religion and then he would marry her. He in March 2025 threatened her and took her in a hotel and committed rape upon her. In between she became pregnant once but he forcibly gave her medicines due to which she aborted the pregnancy. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that since the last two years no complaint whatsoever was made by the victim to any authority or anyone but subsequently since the factum of marriage could not materialize the present first information report has been lodged. It is submitted that on the own showing the victim is a major woman aged about 24 years and as such she was well aware of the consequences of the relationship and the act she was doing. It is further submitted that even when the victim had become pregnant she had not made any complaint to anyone. It is submitted that the applicant was previously involved in two cases and in the said two cases he is on bail, paragraph 14 has been placed for the same and Annexure-5 & 6 has been placed being the orders granting bail. The applicant is in jail since 14.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 24 years. She was in relationship after being friend with the applicant since the last two years. In between she became pregnant which was aborted. No complaint was made by her. Subsequently after the factum of marriage could not materialize the present first information report has been lodged. 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- Arif Khan, 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 84 B.N.S.S., 2023 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 209 B.N.S., 2023. (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 351 B.N.S.S., 2023. 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 269 B.N.S., 2023. (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 :- 14.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad