Allowed

Hasan @ Bhura v. State of U.P. and Another

Allahabad HC20 Aug 2020BAIL/10388/2020

Case brief

AI extract

What is this about?

Allowing a bail application under Sections 342, 376, 323, 506 IPC and 3/4 POCSO, the court granted bail to the applicant on a personal bond with sureties. The judgment emphasized the delayed FIR, lack of medical evidence of injury, and stated the applicant's entitlement to bail without expressing an opinion on the merits.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties, subject to conditions regarding attending court dates and preventing abuse of bail.

Hasan @ Bhura Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10388 of 2020

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Applicant :- Hasan @ Bhura Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.,Sunil Vashisth

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Hon'ble Ramesh Sinha,J.

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As per the Office report dated 19.8.2020, an urgency application has been moved on behalf of the applicant in the present bail application through e. mail. The said urgency application has been placed before this Court along with the record.

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Perused the urgency application. The same stands allowed. The Court thus proceeds to hear the matter.

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Heard Sri Paritosh Shukla, learned counsel for the applicant, Sri Sunil Vashisth, learned counsel for the complainant and Sri J.K. Upadhyay, learned A.G.A. appearing for the State through Video Conferencing and perused the record.

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It has been contended by the learned counsel for the applicant that the victim as per the medical report is aged about 17 and half years. He submits that though the victim in her statement recorded under sections 164 Cr.P.C. had made allegation of rape against the applicant but she remained with the applicant for about nine months and under the pressure of her parents she deposed against the applicant. He submits that at the time of medical examination, no injury was found on any part of the body of the victim and the doctor has opined that she is carrying pregnancy of six weeks. The F.I.R. of the present case has been lodged by the informant after nine months of the incident on 5.10.2019 for which no explanation has been given by the prosecution. The applicant has no other reported criminal antecedent. The applicant is in jail since 30.10.2019.

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Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Hasan @ Bhura involved in case crime no. 574 of 2019 under sections 342, 376, 323, 506, I.P.C. and 3/4 POCSO Act, police station Civil Lines, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for

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the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a copy of this order, if there is no legal impediment.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 20.8.2020 Shiraz

Hasan @ Bhura v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Hasan @ Bhura v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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