This is a bail application for the applicant Shakeel in a case under IPC and POCSO. The court considered the victim's statement regarding voluntary marriage and age variation. Bail was granted subject to conditions.
Released on bail on personal bond and two local sureties on conditions of appearance, no tampering with evidence or witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25417 of 2020
Applicant :- Shakeel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 17 of 2020, under Sections 363, 366 376 I.P.C. & Section 3/4 POCSO Act, Police Station Wazirganj, District Budaun.
Learned counsel for the applicant submits that applicant is not named in the FIR. In statement under Sections 161 & 164 Cr.P.C., victim has stated that she went along with applicant out of her own will and she performed marriage with the applicant in a Temple and she wants to live with the applicant. As per medical report, age of the victim has been found 17 years in which variation of two years is possible and variation in the age favourable to the applicant will be taken into account. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 23.02.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, radio-logical age of the victim and possible variation in it as well as her statement that she performed marriage with the applicant, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Shakeel involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(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.
(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.
(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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.12.2020 Israr
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 363, 366 IPC and POCSO Act given the victim's statement and age variation.
Whether the applicant has a criminal history or likelihood of fleeing.
4 provisions across 2 enactments
Shakeel
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
