Neutral Citation No. - 2024:AHC:147549 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32600 of 2024 Applicant :- Mohsin Alias Moseen Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Mishra Counsel for Opposite Party :- Kapil Tyagi,G.A. Hon'ble Mayank Kumar Jain,J. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material available on record.

Present bail application has been filed on behalf of the applicant, with a prayer to release the applicant on bail in Case Crime No. 141 of 2024 under Sections 87, 115(2) of B.N.S., Police Station -Jarcha, District Gautam Budh Nagar, during pendency of trial. Initially, the first information report was lodged making allegation against the applicant and his family members that on 08.07.2024 at around 3.00 p.m. he entered in the house of the informant. He threatened him to life. The marriage of the daughter of the informant was forcibly performed with the applicant - Mohsin @ Moseen. The incident was witnessed by Akhtar and Rizwan. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The victim during her statement under Sections 180 and 183 B.N.S. has made allegation about committing rape with her but during investigation, no such incident was found to be true. The age of the victim was determined to be 19 years. Rizwan was assigned to be a witness of the incident but during investigation, he stated that on that day he was not present in the village. Imamuddin, who is grand father of the victim, had stated that the marriage was performed in presence of the witnesses in peaceful manner. Besides this, other witnesses; Jamil, Jamshed Ali and Mohammad Anwar, also denied such incident, as stated in the first information report. The applicant is languishing in jail since 31.07.2024, having no criminal history. In case, he is released on bail, he will not misuse the liberty of bail.

Per contra, learned AGA assisted by Sri Kapil Tyagi, learned counsel for the informant vehemently opposed the prayer for bail and submitted that the victim during her statement under Sections 180 and 813 B.N.S. has consistently corroborated the version of the first information report. In rebuttal it is submitted that so far as the factum of committing rape, as stated by the victim during statement under Sections 180 and 183 B.N.S., are concerned, they are not found to be true during investigation. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let applicant, Mohsin @ Moseen be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the following conditions: (1) The applicant will not tamper with the prosecution evidence during the trial. (2) The applicant will not influence any witness. (3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

(4). 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 to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail. Order Date :- 10.9.2024 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad