Allowed

Akram @ Guddu v. State of U.P.

Allahabad HC3 Nov 2020BAIL/38003/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Akram @ Guddu, in a rape and POCSO case. The court noted the gravity of the offence but considered it a fit case for bail after hearing counsel, offering conditions including periodic appearance and non-tampering with evidence.

What did the court decide?

The applicant be released on bail on executing a personal bond and furnishing two sureties each in the like amount.

Akram @ Guddu Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38003 of 2018

¶3

Applicant :- Akram @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Firoz Khan,Arun Kumar Nishad,Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

List revised. No one is present on behalf of the complainant despite the service of notice.

¶6

Heard learned counsel for the applicant and the learned A.G.A.

¶7

This is a bail application on behalf of the applicant Akram @ Guddu in connection with Case Crime No.206 of 2018, under Sections 376, 354-B, 504, 506, 427 I.P.C. & Section 3/4 POCSO Act and 3(2)5 SC/ST Act, Police Station Phoolpur, district Allahabad.

¶8

The first information report of this incident was lodged in pursuance of an application given under Section 156 (3) Cr.P.C. It was alleged in the first information report that the applicant had molested the daughter of the complainant and the wife of the applicant had helped him. The incident is alleged to have taken place on 23.03.2018 and the first information report of this incident was lodged on 19.06.2018.

¶9

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to village partibandi. He submitted that the applicant was beaten by the husband of the complainant and in this regard NCR was lodged by the applicant on 02.03.2018, copy whereof has been annexed on page no.48 of the paper book. He submitted that to take revenge from the applicant, false first information report was lodged against the applicant after an inordinate and unexplained delay of more than three months. He submitted that the medical of the victim does not support the allegation of rape and no internal or external injury was found on the person of the victim. He submitted that the applicant is languishing in jail since 01.08.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

¶10

Learned A.G.A. has opposed the bail plea.

¶11

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the

¶12

punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶13

Accordingly, the bail application stands allowed.

¶14

Let the applicant Akram @ Guddu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶15

i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;

¶16

iii) The applicant shall appear on the date fixed by the trial court;

¶17

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

¶18

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶19

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity prof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

¶20

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.

¶21

Order Date :- 3.11.2020 R./

Akram @ Guddu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akram @ Guddu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suman Vs State of U.P.

Naresh Pal Vs State of U.P.

Chhangur Vs State of U.P.

Manorav @ Saurabh Vs State of U.P.

Jitendra Singh Vs State of U.P.

Pawan Kumar and Another Vs State of U.P.