Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63762 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12580 of 2025 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Deeksha Gupta,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Siddharth Srivastava, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 477 of 2024, under Sections 376, 506 of IPC, Section 67 of Information Technology (Amendment) Act, Police Station - Sidhari, District - Azamgarh, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. The victim is stated to have been impregnated and she was married elsewhere and the said fact was revealed to her in- laws. The applicant is even stated to have sent certain indecent videos and photographs of the victim to her in-laws thereby ruined her life.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. Learned counsel has also stated that the allegations are per se false as there is nothing on record to suggest that the applicant had sent any indecent photographs and videos to her in- laws. Even there is no recovery of any indecent photographs and videos from the applicant. The victim is a married lady, as such, is major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 22.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Irfan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 25.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad