Allowed

Faeem @ Acche Babu v. State of U.P.

Allahabad HC27 Aug 2018BAIL/31660/2018

Case brief

AI extract

What is this about?

In this bail application under Sections 354(C) and 376 IPC, the court observed that while the victim improved her statement alleging rape at Section 164 Cr.P.C., the medical report did not support it. Regarding the lack of early trial closure and the applicant's clean history, the court granted bail.

What did the court decide?

Bail granted on personal bond and two reliable sureties of like amount.

Faeem @ Acche Babu Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31660 of 2018 Applicant :- Faeem @ Acche Babu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Ashutosh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant-Faeem @ Acche Babu in Case Crime No.210 of 2018, under Sections 354(C) and 376 I.P.C., Police Station C.B. Ganj, District-Bareilly with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that admittedly the victim is aged about 22 years. The F.I.R. was lodged by the mother of the victim under Sections 354(C) I.P.C. and 7/8 of The Protection of Children From Sexual Offences Act. There is no allegation of rape in the F.I.R. Even in the first statement of the victim recorded under Section 161 Cr.P.C., she did not make any allegation of rape. However, she made an improvement in her statement recorded under Section 164 Cr.P.C. The victim was medically examined on 13.5.2018 and no internal medical examination was conducted. After improvement made by the prosecutrix under Section 164 Cr.P.C., she was again subjected to medical examination on 29.5.2018 which does not support the version of rape. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 03.06.2018, having no criminal history to his credit, deserves to be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Faeem @ Acche Babu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 27.8.2018/MN/-

Faeem @ Acche Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faeem @ Acche Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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