Allowed

Asif v. State of U.P.

Allahabad HC11 Nov 2019BAIL/42343/2018

Case brief

AI extract

What is this about?

Court No. 80 allowed a bail application filed by Asif accused of rape, abduction, and related offenses under IPC and POCSO. The court considered arguments of innocence, victim consent, lack of injuries, and maturity of the victim, finding the applicant deserves bail subject to conditions.

What did the court decide?

Released on bail by furnishing a personal bond, two reliable sureties, and filing an undertaking to the satisfaction of the court.

Asif Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42343 of 2018

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Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Priyanshu Kumar Srivastava,Mohammad Zakir,Vinod Singh,Yogesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the accused-applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.855 of 2018, under Sections 363, 366, 376 IPC and Section 4 of The Protection of Children From Sexual Offences Act, Police Station Kotwali Nagar, District Bulandshahr, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; accused-applicant is named in the FIR and victim appears to be consenting party but not resisting; during journey with accused, no alarm has been raised by victim; age of victim at the time of incident was more than 16 years; no internal and external injury was found on the body of victim; she was fully matured and in position to understand what is happening with her; victim remained six days with accused. It is further contended that applicant is in Jail since 25.07.2018. It is further submitted that there is no possibility of the appellant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by learned counsel for the accused-applicant and submitted that accused-applicant seduced victim and raped her. She supported the prosecution story in statement under Section 164 Cr.P.C.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant-Asif be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, applicant shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 11.11.2019 Akram

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

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