High Court · 2025

Heard learned counsel for the applicant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 27.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Sri Gyanendra Pathak, learned counsel for the applicant and Sri Arun Kumar Verma, learned AGA for the State.

2. Issue notice to opposite party no.2 returnable at an early date.

3. Steps within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case No.29360 of 2021, under Section 376 IPC, Police Station- Kotwali Nagar, District- Bahraich.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.9 of the application, which is a 'Dawa Vaste Rukhsati' filed by the son of the present applicant seeking decreed or order to the effect that his wife Smt. Rashida Bano be directed to live with her husband Naseem. The aforesaid suit was filed on 29.02.2020. Wife of the son of the present applicant was not living with him since 2020, therefore, the aforesaid suit was filed, which is pending consideration. During pendency of the aforesaid suit, his daughter-in-law filed an application under Section 156 (3) Cr.P.C. before the Court of Chief Judicial Magistrate, Bahraich on 05.07.2021 levelling allegation against the present applicant, who is father-in-law of the complainant, to the effect that he committed rape with her on 27.06.2021. She approached the police on 29.06.2021 but no FIR was lodged, therefore, this application has been filed. The learned Trial Court treated the aforesaid application as complaint case and statements under Sections 200 & 202 Cr.P.C. have been recorded. Thereafter, summon has been issued against the present applicant. Submission of the learned counsel for the applicant is that the allegation is absolutely false and misconceived as daughter-in-law of the applicant is not residing with his family as she has been residing with her maternal place. Since the allegations of Section 376 IPC are involved, therefore, the applicant is apprehending that he may likely be arrested if he appears before the court below.

6. Further submission is that the present applicant filed revision challenging the aforesaid summoning order but that revision was dismissed by the Sessions Court. Thereafter, he filed anticipatory bail application, which was also rejected, so he approached this Court. The present applicant is having his permanent address, therefore, there is no flight risk. The applicant is having no prior criminal history of any kind whatsoever and he undertakes that he shall cooperate in the proceedings pending before the court below and shall not misuse the liberty of anticipatory bail, therefore, his liberty may be protected.

7. Learned AGA has opposed the aforesaid request by submitting that he may be given some short time to file counter affidavit.

8. Matter requires consideration.

9. Let counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

10. List in the week commencing 3rd March, 2025 within top ten cases.

11. Till the next date of listing, it is directed that in the event of arrest, applicant- Sufiyan alias Arman Ali shall be released on interim anticipatory bail in the aforesaid case number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- I. that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; II. that the applicant shall not leave India without the previous permission of the court; III. that the applicant shall not pressurize/ intimidate the prosecution witness; IV. that the applicant shall appear before the court below on each date fixed unless personal presence is exempted; V. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant." Learned counsel for the applicant submits that allegation in the complaint case are baseless and applicant has been falsely implicated. He submits that in compliance of the order dated 27.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 27.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 27.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Sri Gyanendra Pathak, learned counsel for the applicant and Sri Arun Kumar Verma, learned AGA for the State.

2. Issue notice to opposite party no.2 returnable at an early date.

3. Steps within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case No.29360 of 2021, under Section 376 IPC, Police Station- Kotwali Nagar, District- Bahraich.

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.9 of the application, which is a 'Dawa Vaste Rukhsati' filed by the son of the present applicant seeking decreed or order to the effect that his wife Smt. Rashida Bano be directed to live with her husband Naseem. The aforesaid suit was filed on 29.02.2020. Wife of the son of the present applicant was not living with him since 2020, therefore, the aforesaid suit was filed, which is pending consideration. During pendency of the aforesaid suit, his daughter-in-law filed an application under Section 156 (3) Cr.P.C. before the Court of Chief Judicial Magistrate, Bahraich on 05.07.2021 levelling allegation against the present applicant, who is father-in-law of the complainant, to the effect that he committed rape with her on 27.06.2021. She approached the police on 29.06.2021 but no FIR was lodged, therefore, this application has been filed. The learned Trial Court treated the aforesaid application as complaint case and statements under Sections 200 & 202 Cr.P.C. have been recorded. Thereafter, summon has been issued against the present applicant. Submission of the learned counsel for the applicant is that the allegation is absolutely false and misconceived as daughter-in-law of the applicant is not residing with his family as she has been residing with her maternal place. Since the allegations of Section 376 IPC are involved, therefore, the applicant is apprehending that he may likely be arrested if he appears before the court below.

6. Further submission is that the present applicant filed revision challenging the aforesaid summoning order but that revision was dismissed by the Sessions Court. Thereafter, he filed anticipatory bail application, which was also rejected, so he approached this Court. The present applicant is having his permanent address, therefore, there is no flight risk. The applicant is having no prior criminal history of any kind whatsoever and he undertakes that he shall cooperate in the proceedings pending before the court below and shall not misuse the liberty of anticipatory bail, therefore, his liberty may be protected.

7. Learned AGA has opposed the aforesaid request by submitting that he may be given some short time to file counter affidavit.

8. Matter requires consideration.

9. Let counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

10. List in the week commencing 3rd March, 2025 within top ten cases.

11. Till the next date of listing, it is directed that in the event of arrest, applicant- Sufiyan alias Arman Ali shall be released on interim anticipatory bail in the aforesaid case number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- I. that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; II. that the applicant shall not leave India without the previous permission of the court; III. that the applicant shall not pressurize/ intimidate the prosecution witness; IV. that the applicant shall appear before the court below on each date fixed unless personal presence is exempted; V. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant." Learned counsel for the applicant submits that allegation in the complaint case are baseless and applicant has been falsely implicated. He submits that in compliance of the order dated 27.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 27.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench