The single judge granted anticipatory bail to the applicant in a case concerning unnatural offences against a minor, directing expeditious investigation and adherence to specific conditions including appearance before the trial court.
Anticipatory bail allowed on furnishing a personal bond of Rs. 50,000/- with two sureties on specified conditions.
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Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1730 of 2020
Applicant :- Manjoor Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the applicant is wholly innocent and prima facie, no offence u/s 363, 366 IPC is made out. He has drawn attention of the court to the certified copy of the statement of the prosecutrix recorded u/s 164 Cr.P.C. where she has stated that she is aged about 17 years and she knew the applicant, who is her neighbour, for the past two years, she has left her parental home of her own free will and had gone along with applicant to Chhapra, she has not levelled any allegation of any enticement made by the applicant. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Manjoor Ahmad involved in Case Crime No. 175 of 2019, u/s 363, 366 IPC, P.S. Gadwar, District Ballia, shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;
It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the court of session, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/ committal of the case to the Court of Sessions.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 18.2.2020 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in a case involving unnatural offences against a minor?
1 provisions across 1 enactments
Manjoor Ahmad
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
