High Court dismissed the State's opposition and granted bail to Subban Khan, a 75-year-old first-time offender accused under IPC 377 and POCSO, citing medical report discrepancies and jail overcrowding during the pandemic.
Applicant released on bail on personal bond and two sureties of Rs. 1 lac each subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32639 of 2021
Applicant :- Subban Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Despite service of notice upon the opposite party no.2 neither any counter affidavit has been filed nor any counsel has appeared on behalf of the opposite party no.2.
Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that although the victim has levelled allegation against the applicant in her statements recorded under Sections 161 and 164 Cr.P.C. but the same does not corroborate with the medical report and no injury was found on the person of the victim. It is further submitted that the applicant is aged about 75 years old, who is suffering from old aged diseases and has been falsely implicated due to village parti bandi 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 has 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. It has also been submitted that the applicant is languishing in jail since 30.05.2021. It has been pointed out that the applicant has no criminal history, which has been stated in paragraph no.15 of the affidavit accompanying the bail application.
Learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be
factored in while considering bail applications on behalf of accused persons.
Having heard the submissions of learned counsel of both sides, perused the statement recorded under Sections 164 Cr.P.C., nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Subban Khan, be released on bail in Case Crime No.39 of 2021, under Section 377 I.P.C. and Section 5/6 of POCSO Act, Police Station Marka, District Banda, on furnishing a personal bond and two sureties of Rs. 1 lacs each (one should be of the family members) subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440 , if there there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 8.10.2021 S.Ali
2 issues framed by the court
Whether the applicant is entitled to bail under the circumstances of overcrowding and lack of corroborative medical evidence.
What conditions should be imposed on the release of the applicant on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
(2018) 2 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India and anotherReferred¶19
AIR 2018 (SC) 2440 · Who else cites this
2 provisions across 2 enactments
Subban Khan
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
