Allowed

Mazid Hussain v. State of U.P.

Allahabad HC2 Nov 2020BAIL/35069/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 35069 of 2020, the Court granted bail to Mazid Hussain charged under Sections 498-A, 323, 377 IPC and Protection of Muslim Female Marriage Right Act. The High Court noted lack of medical evidence supporting unnatural intercourse allegations.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties under specified conditions.

Mazid Hussain Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 38

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35069 of 2020

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Applicant :- Mazid Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Abhyudaya Tripathi Counsel for Opposite Party :- G.A.,Saurabh Tripathi,Shantanu Srivastava

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. as well as Sri Saurabh Tripathi, learned counsel for the informant and perused the record.

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This bail application has been preferred by the accusedapplicant(s), Mazid Hussain, who is involved in Case Crime No. 123 of 2020, under Sections 498-A, 323, 377 I.P.C. & 3/4 of Protection of Muslim Female Marriage Right Act, P.S.Kiratpur, District- Bijnor.

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The prosecution case is that the husband of the informant Mazid Hussain is addict of drugs; he usually commits unnatural intercourse against her will; on 29.05.2020 at about 6.00 O'clock in the morning when her husband was not at the house, her brother-in-law (Dever) Wazid Hussain entered the room of the victim with intent to outrage her modesty; she told this fact to her mother-in-law and father-in-law but of no avail and in the meantime her husband also reached the house and the informant narrated the whole episode then her husband given her Tripple Talak.

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Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that there is no mention of injury in the first information report; so far as role of applicant is concerned, as per FIR version and statement of victim, the applicant has been alleged to be addict of drugs and also having unnatural intercourse with the victim.

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Learned A.G.A. as well as learned counsel for informant vehemently opposed the prayer for bail.

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The medico legal report of the victim is Annexure-4 to the affidavit, in which there is nothing on record to suggest the commission of unnatural intercourse with the victim. The statement of victim recorded under Section 164 Cr.P.C. has

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been annexed s Annexure-5 to the affidavit and it also does not support the allegations of having unnatural intercourse by the applicant. The applicant is languishing in jail since 13.07.2020 having no criminal antecedents.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Mazid Hussain , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 2.11.2020 Prajapati

Mazid Hussain v. State of U.P.

Case brief

What is this about?

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Mazid Hussain v. State of U.P.

Case brief

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