Faizan v. State of U.P.
Case brief
What is this about?
The court granted bail to Faizan, an applicant impelled under Section 377 IPC and POCSO Act by invoking Dataram Singh dictum without expressing views on merits, subject to personal bond and sureties.
What did the court decide?
Applicant released on bail on executing personal bond and two sureties each.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28051 of 2021
Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. There is no plausible explanation of delay in lodging the F.I.R. and no public witness of the incident. It is further submitted that in their statements prosecution witnesses have turned hostile of the present case, copy of the statements has been annexed as Annexure 4 to this bail application. The applicant has no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 21.10.2017. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant alleged under Section 377 IPC and POCSO Act.
Whether the applicant satisfies the requirements for bail despite allegations of false implication.
Parties & counsel
- applicant
Faizan
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/28051/2021
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