Allowed

Aslam v. Sate of U.P.

Allahabad HC2 Apr 2018BAIL/2144/2018

Case brief

AI extract

What is this about?

This is a criminal bail application. The court observed that the prosecutrix altered her statement under section 164 Cr.P.C. from alleging rape to an attempt of rape, allowing case amendment. The applicant has no criminal antecedents. The court granted bail with strict conditions.

What did the court decide?

Bail granted on a personal bond and two heavy sureties with strict conditions to appear at police station and court.

Aslam Vs Sate of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 54

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2144 of 2018

¶3

Applicant :- Aslam Opposite Party :- Sate Of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Counter affidavit filed on behalf of the State today, is taken on record.

¶6

Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, learned AGA and perused the record.

¶7

Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that FIR was registered by father of the prosecutrix with specific allegation of rape against applicant Aslam. As per medical examination of the prosecutrix her age was opined to be around 16 years. In her statement recorded under section 164 Cr.P.C., she has mellowed her earlier version by stating that an attempt of rape was made by the applicant, thus the case was amended under sections 376, 511 IPC and 7/8 of the POCSO Act. The applicant is in jail since 02.11.2017, having no criminal antecedents to his credit.

¶8

Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the

¶9

legal submissions as argued by the learned counsel for the applicant.

¶10

Keeping in view the statement under section 164 Cr.P.C., of the prosecutrix that only attempt to outrage her modesty by the applicant was made, nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

¶11

Let the applicant Aslam, involved in Case Crime No. 236 of 2017, under sections 376, 511 IPC read with 7/8 of the Protection of Children from Sexual Offences Act, P.S. Chakia, District Chandauli be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶12

(i) THE APPLICANT IS DIRECTED TO APPEAR IN THE POLICE STATION CHAKIA, DISTRICT CHANDAULI AND REMAIN THERE FROM 10.00 TO 4.00 P.M. ON EVERY SECOND SATURDAY AND LAST SATURDAY OF EVERY MONTH. THE SHO CONCERNED SHALL FURNISH HIS ATTENDANCE BEFORE THE COURT CONCERNED IN THIS REGARD REGULARLY.

¶13

(ii) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE

¶14

OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

¶15

(iii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.

¶16

(iv) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

¶17

(v) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

¶18

(vi) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

¶19

However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court. Order Date :- 2.4.2018 shailesh

Aslam v. Sate of U.P.

Case brief

What is this about?

What did the court decide?

Aslam v. Sate of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vikas Vs State of U.P.

Vinod Sao Vs State of U.P.

Boby Alias Pradeep Vs State of U.P.

Somveer Vs State of U.P.

Vijay Kumar @ Mangru Vs State of U.P.

Ajeet Vs State of U.P.