Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 82802 (ALL)

MOHD. TARIK KHAN v. STATE OF U.P.

BAIL/27030/2025 · 2025-08-05

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:132334 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27030 of 2025 Applicant :- Mohd. Tarik Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rakesh Kumar Maurya, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Mohd. Tarik Khan, seeking enlargement on bail during trial in connection with Case Crime No. 264 of 2025, under Sections 85, 64(1), 351(2) BNS and Section 3/4 Muslim Marriage Act, registered at P.S. Civil Lines, District Aligarh. 4. The FIR of the matter was lodged on 25.05.2025 by Smt. Shahreen against the applicant and three other persons alleging therein that on 27.11.2022 she was married with Arbaz Khan the son of the applicant. After sometimes of marriage, Mohd. Tarik Khan her father-in-law (the present applicant) started immoral acts with her and silently made a video when she was taking bath and on threat to make the video viral established physical relationship with her many times. On 07.05.2025 at about 04:30 pm she made a complaint about it to her husband Mohd. Arbaz Khan who then said that she has to continue doing it with his father. She opposed it and then by stating Talaak three times, he threw her out of the house. Her husband and father-in-law are threatening her of making the video viral. The other accused persons are exhorting her husband to give Talaak to her. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant is the father-in-law of the victim/first informant and he has been falsely implicated in the present case, para 17 of the affidavit has been placed before the Court. It is submitted that the present case is a case of matrimonial dispute as the victim wants to live separately with the son of the applicant and when he refused to do so, the victim just to harass the family, lodged the present FIR, para 15 of the affidavit has been placed before the Court. While placing para 14 of the affidavit it is submitted that charge sheet in the matter has been submitted against the applicant on 16.06.2025. It is submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 26.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the present case as such in which the applicant is named in the FIR and in the statements of the victim recorded during investigation. It is submitted that there is no convincing reason given by the applicant for false implication and even the identity of the applicant cannot be said to be mistaken since he is father-in-law of the victim/first informant. It is submitted that as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the FIR and in the statements of the victim recorded during investigation. The applicant is the father-in-law of the victim/first informant. There is no reason given by the applicant for false implication. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected at this stage. 10. Pending application(s), if any, stand disposed of. (Samit Gopal, J.) Order Date :- 6.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad