Allowed

Akbal Jahan v. State of U.P.

Allahabad HC5 Sept 2018BAIL/33663/2018

Case brief

AI extract

What is this about?

Court granted bail to applicant Akbal Jahan in a culpable homicide and POCSO case, relying on parity with a co-accused and Article 21. The applicant was released on personal bond and sureties with a directive to the trial court to conclude proceedings within six months.

What did the court decide?

Released on bail under Sections 363, 366 IPC & POCSO required bond and sureties; trial to conclude within six months.

Akbal Jahan Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33663 of 2018

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Applicant :- Akbal Jahan Opposite Party :- State Of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Shahroze Khan, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the co-accused Govind @ Ramkewal having similar role has been granted bail by this Court vide order dated 20.08.2018 in Criminal Misc. Bail Application No. 31387 of 2018, a copy of said orders have been produced by the learned counsel for the applicant, which are taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 31.07.2018.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Akbal Jahan be released on bail in Case Crime No. 43 of 2018, under Sections 363, 366 IPC & Section 7/8 Protection of Children from Sexual Offences Act, Police Station- Jogiya Udaipur, District- Siddharth Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner

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whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Cour in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004 , if there is no legal impediment.

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Order Date :- 5.9.2018 Arti

Akbal Jahan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akbal Jahan v. State of U.P.

Case brief

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