Court allowed bail to Irshad Quraishi accused under kidnapping, abduction, rape, and POCSO sections, noting prosecutrix was a consenting adult and applicant completed one month of custody without criminal history.
Release on bail with personal bond and two sureties subject to undertaking not to tamper with evidence or intimidate witnesses.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11276 of 2019
Applicant :- Irshad Quraishi Opposite Party :- State Of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble Senior Judge vide order dated 15.3.2019.
Sri Prashant Kumar Srivastava, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Prashant Kumar Srivastava, learned counsel for the complainant, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 16.5.2018 at 18:17 hour against two accused persons, namely, Irshad Quaraishi and Asif alleging that on 11.5.2018 sister of the complainant Aisha Siddiqui @ Jikra, aged about 16 years, was kidnapped to compel her marry. In compliance of the order of this Court dated 25.5.2018 passed in Criminal Misc. Writ Petition No. 13751 of 2018, she appeared before the court below and her statement under Section 164 Cr.P.C. was recorded. According to medical report, she was 18 years of age. According to F.I.R., she was 16 years of age and according to documents, she was aged about 16 years and six months.
Learned counsel for the applicant submitted that applicant has been falsely implicated and is languishing in jail since 26.11.2018 (about four months) having no criminal history. According to statement recorded under Section 164 Cr.P.C., she is major and 19 years of age and she stated nothing against the applicant. Parents of the prosecutrix was forced her to marry with another old person to which the prosecutrix was not agreed. The prosecutrix went with the applicant on her own will and consent and get married with the applicant. The applicant has done nothing wrong against her will and consent and no injury was found on the body of the prosecutrix. Hence, it is clear that the prosecutrix is the consenting party. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid
fact as argued by learned counsel for the applicant and admitted that applicant has explained one criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Irshad Quraishi involved in Case Crime No. 133 of 2018, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, Police Station-Kotwali, District-Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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 or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 15.3.2019 OP
1 issue framed by the court
Whether bail should be granted to the applicant despite serious criminal charges including kidnapping, abduction, rape, and offenses under POCSO.
3 provisions across 3 enactments
Irshad Quraishi
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
