High Court · 2025

1. Heard learned counsel for the applicant, learned AGA for opposite party no.1 and Mr. Rahul Rai, learned counsel for opposite party no.2. No one has appeared on behalf of opposite parties no.3 & 4. Supplementary afÏdavit filed on behalf of applicant and counter afÏdavit filed on behalf of State are taken on record.

2. The instant application has been moved by the applicant- Sohel Khan, in Case Crime No.128 of 2022, under Sections 147, 148, 323, 504, 506, 427, 452, 354-Kha I.P.C. & Section 7/8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station- Mandhata, District- Pratapgarh, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case.

3. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The FIR of the alleged incident has been lodged by the informant against 13 accused persons including the applicant with the allegations that on 21.4.2022 at about 5.00 P.M. the accused persons had entered into the house of the informant/ victim and started demolishing her wall and when they were asked to refrain they started assaulting the informant and his family members and had entered into the house and also molested the minor girls and the applicant and other accused persons, namely, Shahanshah, Salman S/o Mohd. Haneef and Phullan @ Firoz not only molested the victim but they also committed sexual assault on her. It is also stated that many persons from the side of the informant had sustained injuries.

4. Highlighting the above fact, it is submitted that the informant's side was illegally possessing a public utility land of Gram Sabha with regard to which the co-accused- Salman S/o Mohd. Haneef had filed a PIL against the informant and co- accused Salman S/o Mohd. Haneef and other villagers are opposing the construction of wall of Gram Sabha land and it was not only the accused persons but the brick batting has started from both the sides.

5. It is also submitted that the allegation of rape is not supported by any medico-legal evidence and no abnormality or any injury has been found on the person of the victim which may fortify the factum of rape.

6. It is also submitted that allegation of molestation and rape has been alleged in order to pressurize the applicant and other co-accused persons as there was high pitch enmity between the parties and a case of simple altercation has been given the colour of sexual assault.

7. It is also submitted that identically placed co- accused persons, namely, Yunus @ Mohd. Yunus, Shahanshah, Akbar, Hazrat Ali @ Mohd. Ayub Khan, Mohd. Shareef, Salman S/O Mohd. Haneef and Phullan @ Firoz have been granted anticipatory bail as well as bail by the Coordinate Benches of this Court vide orders dated 04.10.2023, 02.11.2023, 04.12.2023, 18.12.2023, 18.12.2023, 02.06.2023 and 28.7.2023 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.2149 of 2023, 2462 of 2023, 2771 of 2023, 2931 of 2023, 2930 of 2023 and in Crl. Misc. Bail Application Nos. 7378 of 2023 and 7868 of 2023, respectively.

8. It is also submitted that the applicant is not having any criminal history. Charge sheet in this case has been filed without arresting the applicant while there was no order of protection of any Court and there is no apprehension that the accused- applicant after release on anticipatory bail may flee from the process of law or may otherwise misuse the liberty.

9. Learned A.G.A. on the other hand submits that the applicant is an accused of committing heinous offence and therefore he is not entitled to be released on bail.

10. Having heard learned counsel for the parties and having perused the record, it is reflected that identically placed co-accused persons, namely, Yunus @ Mohd. Yunus, Shahanshah, Akbar, Hazrat Ali @ Mohd. Ayub Khan, Mohd. Shareef, Salman S/O Mohd. Haneef and Phullan @ Firoz have been granted the facility of anticipatory bail as well as bail by Coordinate Benches of this Court and nothing has been brought in the knowledge of this Court which may suggest that the orders whereby facility of anticipatory bail or bail has been extended to the aforesaid persons have been challenged at any higher forum or the same have been cancelled by the same Court. Simple injuries appears to have been sustained by the injured persons. Various submissions have been raised on behalf of the applicant in order to show that simple incident of altercation has been given the colour of sexual assault. Observations have also been made by Coordinate Bench of this Court while granting the facility of bail to Salman S/o Mohd. Haneef pertaining to PIL filed by Salman S/o Mohd. Haneef in order to show that the informant's side was constructing a wall on the public utility land of a Gram Sabha and a case of brick-batting between the parties has been given the colour of sexual assault. Charge sheet in the matter has been filed.

11. Thus, having regard to the above facts and keeping in view the fact that sufÏcient material is available before this Court on the basis of which this anticipatory bail application may be finally adjudicated, instant anticipatory bail application moved by the applicant- Sohel Khan is, hereby, allowed and it is provided that in the event of arrest of the applicant- Sohel Khan, in the above-mentioned case under any process of the trial court or on his appearance/surrender before the trial court within 20 days from today i.e. till 15.04.2025, whichever is earlier, he shall be released forthwith on anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House OfÏcer of the Police Station concerned/ Investigating OfÏcer subject to the following conditions:- (i) The applicant shall make himself available for interrogation or even for discovery of any fact by a police ofÏcer as and when required, in case further investigation is directed; (ii) 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 them from disclosing such facts to the Court or to any police ofÏcer; (iii) The applicant shall not leave the country without the previous permission of the Court.

12. Applicant shall remain present before the trial court as and when his presence would be required and he would not take adjournment especially when the prosecution witnesses would be in attendance.

13. If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.

14. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner. Order Date :- 27.3.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard learned counsel for the applicant, learned AGA for opposite party no.1 and Mr. Rahul Rai, learned counsel for opposite party no.2. No one has appeared on behalf of opposite parties no.3 & 4. Supplementary afÏdavit filed on behalf of applicant and counter afÏdavit filed on behalf of State are taken on record.

2. The instant application has been moved by the applicant- Sohel Khan, in Case Crime No.128 of 2022, under Sections 147, 148, 323, 504, 506, 427, 452, 354-Kha I.P.C. & Section 7/8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station- Mandhata, District- Pratapgarh, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case.

3. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The FIR of the alleged incident has been lodged by the informant against 13 accused persons including the applicant with the allegations that on 21.4.2022 at about 5.00 P.M. the accused persons had entered into the house of the informant/ victim and started demolishing her wall and when they were asked to refrain they started assaulting the informant and his family members and had entered into the house and also molested the minor girls and the applicant and other accused persons, namely, Shahanshah, Salman S/o Mohd. Haneef and Phullan @ Firoz not only molested the victim but they also committed sexual assault on her. It is also stated that many persons from the side of the informant had sustained injuries.

4. Highlighting the above fact, it is submitted that the informant's side was illegally possessing a public utility land of Gram Sabha with regard to which the co-accused- Salman S/o Mohd. Haneef had filed a PIL against the informant and co- accused Salman S/o Mohd. Haneef and other villagers are opposing the construction of wall of Gram Sabha land and it was not only the accused persons but the brick batting has started from both the sides.

5. It is also submitted that the allegation of rape is not supported by any medico-legal evidence and no abnormality or any injury has been found on the person of the victim which may fortify the factum of rape.

6. It is also submitted that allegation of molestation and rape has been alleged in order to pressurize the applicant and other co-accused persons as there was high pitch enmity between the parties and a case of simple altercation has been given the colour of sexual assault.

7. It is also submitted that identically placed co- accused persons, namely, Yunus @ Mohd. Yunus, Shahanshah, Akbar, Hazrat Ali @ Mohd. Ayub Khan, Mohd. Shareef, Salman S/O Mohd. Haneef and Phullan @ Firoz have been granted anticipatory bail as well as bail by the Coordinate Benches of this Court vide orders dated 04.10.2023, 02.11.2023, 04.12.2023, 18.12.2023, 18.12.2023, 02.06.2023 and 28.7.2023 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.2149 of 2023, 2462 of 2023, 2771 of 2023, 2931 of 2023, 2930 of 2023 and in Crl. Misc. Bail Application Nos. 7378 of 2023 and 7868 of 2023, respectively.

8. It is also submitted that the applicant is not having any criminal history. Charge sheet in this case has been filed without arresting the applicant while there was no order of protection of any Court and there is no apprehension that the accused- applicant after release on anticipatory bail may flee from the process of law or may otherwise misuse the liberty.

9. Learned A.G.A. on the other hand submits that the applicant is an accused of committing heinous offence and therefore he is not entitled to be released on bail.

10. Having heard learned counsel for the parties and having perused the record, it is reflected that identically placed co-accused persons, namely, Yunus @ Mohd. Yunus, Shahanshah, Akbar, Hazrat Ali @ Mohd. Ayub Khan, Mohd. Shareef, Salman S/O Mohd. Haneef and Phullan @ Firoz have been granted the facility of anticipatory bail as well as bail by Coordinate Benches of this Court and nothing has been brought in the knowledge of this Court which may suggest that the orders whereby facility of anticipatory bail or bail has been extended to the aforesaid persons have been challenged at any higher forum or the same have been cancelled by the same Court. Simple injuries appears to have been sustained by the injured persons. Various submissions have been raised on behalf of the applicant in order to show that simple incident of altercation has been given the colour of sexual assault. Observations have also been made by Coordinate Bench of this Court while granting the facility of bail to Salman S/o Mohd. Haneef pertaining to PIL filed by Salman S/o Mohd. Haneef in order to show that the informant's side was constructing a wall on the public utility land of a Gram Sabha and a case of brick-batting between the parties has been given the colour of sexual assault. Charge sheet in the matter has been filed.

11. Thus, having regard to the above facts and keeping in view the fact that sufÏcient material is available before this Court on the basis of which this anticipatory bail application may be finally adjudicated, instant anticipatory bail application moved by the applicant- Sohel Khan is, hereby, allowed and it is provided that in the event of arrest of the applicant- Sohel Khan, in the above-mentioned case under any process of the trial court or on his appearance/surrender before the trial court within 20 days from today i.e. till 15.04.2025, whichever is earlier, he shall be released forthwith on anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House OfÏcer of the Police Station concerned/ Investigating OfÏcer subject to the following conditions:- (i) The applicant shall make himself available for interrogation or even for discovery of any fact by a police ofÏcer as and when required, in case further investigation is directed; (ii) 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 them from disclosing such facts to the Court or to any police ofÏcer; (iii) The applicant shall not leave the country without the previous permission of the Court.

12. Applicant shall remain present before the trial court as and when his presence would be required and he would not take adjournment especially when the prosecution witnesses would be in attendance.

13. If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.

14. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner. Order Date :- 27.3.2025 Subodh/- SUBODH KUMAR SINGH SUBODH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench