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2025 DAILYLAW 170040 (ALL)

MOHD. NABEEL AHMAD v. STATE OF U.P. THRU. THE ADDL. CHIEF SECY. HOME DEPTT. LKO

BAIL/13084/2024 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17420 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13084 of 2024 Applicant :- Mohd. Nabeel Ahmad Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Shamsher Ali Counsel for Opposite Party :- G.A.,Dinesh Kumar,Mohd.Salman Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Farhan Alam Osmany, learned counsel for the applicant as well as Sri Rajiv Kumar Verma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0206 of 2024, under Sections 328, 354(c), 376, 504, 506 I.P.C., registered at Police Station- Hazratganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.08.2024 against the applicant and Mohd. Shakeel on the basis of an application under Section 156(3) Cr.P.C. filed on 29.04.2024, stating that the informant came to know the applicant about seven years ago. The applicant had taken her to a hotel on the pretext of celebrating his birthday, he offered her a cold drink laced with some intoxicating substance and thereafter, he raped her. When the informant regained consciousness, the applicant assured that he loved her and he would marry her. Since then the applicant repetitively exploited her physically under allurement of marrying her. The informant got pregnant and thereafter the applicant gave her some medicines due to which she suffered miscarriage. The informant further stated that the applicant was threatening to virally spread some nude photos and videos of the informant. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith the copies of material collected during investigation as well as a copy of the charge sheet submitted on 09.12.2024. No nude photo and video came to light during investigation. 6. It is recorded in the case diary that the informant declined to undergo medico legal examination. 7. Learned AGA has produced relevant extracts of case diary for perusal of the Court, which contains some photographs, but none of the photographs supports the allegations leveled by the informant in the F.I.R. Several WhatsApp communications between the informant and the applicant have been made a part of the case diary, which show that the informant and the applicant were in an affectionate relationship. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there has a long relationship between the applicant and informant; at this stage it cannot be said that intention of the applicant since inception was to deceive the informant; the allegation of blackmailing on the strength of nude photos/videos has not been supported by any material; that the investigation stands concluded; that the applicant has no previous criminal history and he is languishing in jail since 10.11.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mohd. Nabeel Ahmad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench