Allowed

Faiz Khan v. State of U.P.

Allahabad HC14 Dec 2020BAIL/43862/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the applicant was detained for enticement of a minor involving allegations under various IPC sections and POCSO. The court found preliminary grounds for bail despite opposing counsel and granted an order subject to strict conditions.

What did the court decide?

Granted release on bail by furnishing personal bond and two sureties subject to conditions regarding court attendance.

Faiz Khan Vs State of U.P. — Child Custody and Guardianship | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43862 of 2020

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Applicant :- Faiz Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 544 of 2020 under Sections 363, 366, 504, 506, 376 IPC and Section 5/6 of POCSO Act Section 3 (2) v of SC/ST Act, Police Station - Rajghat, District - Gorakhpur with the prayer to enlarge the applicant on bail.

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The first information report of this incident was lodged by the complainant about the enticement of her minor daughter by this accused Faiz Khan and the incident is alleged to have occurred on 27.07.2020.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is further submitted that the girl has not supported the prosecution version in her statement recorded under Section 161 Cr.P.C., which is annexed on page No. 22 and in her statement recorded under Section 164 Cr.P.C., which is on page No. 33 the alleged victim has specifically said that she has married with the accused in a temple and she has lived with him at Gorakhpur for 19 days. She has also stated that she made physical relations with the accused with her own sweet will. Lastly, it is argued that the applicant is in jail since 17.08.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail, but has not disputed the fact that the girl has not supported the prosecution version.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Faiz Khan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;

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(2). The applicant shall remain present before the trial court on each date

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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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(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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 proof 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.

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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.

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Order Date :- 14.12.2020 LBY

Faiz Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faiz Khan v. State of U.P.

Case brief

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