Shuaib v. State of Up
Case brief
What is this about?
In a bail application involving charges under IPC 376D, 354B, 506 IPC and POCSO, the Court examined prosecution delays and the minor status of the victim. It held that despite serious allegations, a case for bail was made out.
What did the court decide?
Applicant Shuaib released on bail by furnishing personal bond and two sureties in the like amount.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21502 of 2021
Applicant :- Shuaib Opposite Party :- State of U.P. Counsel for Applicant :- Ayub Khan,Amir Khan,Sadaful Islam Jafri,Sr. Advocate( Sri Anil Srivastava) Counsel for Opposite Party :- G.A.,Rajendra Prasad Shukla
Hon'ble Raj Beer Singh,J.
Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri S.I. Jafri and Ms. Nasira Adil, learned counsel for the applicant, Sri R.P. Shukla, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
According to the prosecution version, the marriage of victim girl was fixed with one Mohd. Sajid and after that they have started meeting each other. It was alleged that applicant Shuaib and co-accused Aslam have made a video of her physical relations with Sajid, which were established with her consent. After sometime, the said video was sent on the mobile phone of Sajid and he was threatened that he has to bring the victim and her elder sister with him, otherwise they would make the video viral. On 15.05.2019 applicant and co-accused Aslam came at the house of victim and threatened the victim and her sister and asked them to come at Kali river. The victim and her sister reached there and thereafter both the accused took them to some unknown place and committed rape upon victim girl and also made an attempt to commit rape upon her sister. After that incident, they have committed rape for five months on different dates upon victim and thereafter this case was got lodged by the victim girl on 29.07.2019.
It has been argued by learned Senior counsel for the applicant that applicant is innocent and he has been falsely implicated in
Issues for consideration
2 issues framed by the court
Whether the applicant of a bail application in rape and POCSO charges has made out a prima facie case for bail.
Whether the delay in lodging the First Information Report (FIR) creates a presumption of innocence affecting the grant of bail.
Parties & counsel
- applicant
Shuaib
- respondent
State of U.P.
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/21502/2021
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