High Court
Case Details
Neutral Citation No. - 2025:AHC:132830 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24398 of 2025 Applicant :- Asif Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Ismail Khan,Shiv Sagar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Shiv Sagar Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Asif Khan, seeking enlargement on bail during trial in connection with Case Crime No.73 of 2025, under Sections 64(2)(m), 351(3), 115(2) BNS, registered at P.S. Nautanwa, District Maharajganj. 4. Learned counsel for the State states that he has received instructions in the matter for which he had prayed and was granted time on 16.7.2025. 5. The FIR of the matter was lodged on 26.5.2025 by the victim against the applicant, Nawaj, Mainuddin and other family members alleging therein that she is aged about 21 years and has been talking to Asif Khan (the applicant), a villager since the last two years who during it committed rape upon her and made a video of it and continued committing rape upon her. In April, 2024, when she got married, then also the accused used to talk to her on her mobile and then threatened her of making her video viral and causing disrepute but she due to fear continued establishing physical relationship with him. He even after her marriage committed rape upon her. Her marriage has broken down. Due to sexual assault on her by the accused, she has become pregnant. She on 24.5.2025 went to the house of the accused where the other accused persons also met her who pushed her and assaulted her and tore her clothes. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the present case is a case of consent which continued even after marriage. The victim is a major woman. It is further argued that the factum of physical relationship has been admitted by the victim before the doctor. It is further argued that FIR although in the matter has been lodged under Sections 64(2)(m), 351(3), 115(2), 89 BNS but during investigation the police has dropped Section 89 of BNS since there was no evidence of any miscarriage by the victim. It is further argued that family of the victim had taken loan of Rs.1.50 lakh for marriage of the victim out of which Rs.15,000/- has been returned but remaining amount was not returned and on demanding the same back, present FIR has been lodged against the applicant, para 20 of the affidavit in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 10.6.2025. 7. Per contra learned counsel for the State opposed the prayer for bail. 8. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman. The relationship of the victim with the applicant was since the last about two years but no complaint whatsoever was made earlier. 9. 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. 10. Let the applicant-Asif 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 she/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 her/him presence proclamation under section 84 BNSS, 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 her/him, in accordance with law, under section 209 BNS, 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 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. 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. 12. The bail application is allowed.
Decision
13. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 6.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad