Allowed

Mohammed Yaseen v. State of U.P and Another

Allahabad HC3 Feb 2021BAIL/4078/2021

Case brief

AI extract

What is this about?

Hon'ble Ajit Singh, J. allowed bail for Mohammed Yaseen in a case under Sections 363, 366, 376 IPC and 4/5 POCSO Act. Release was granted subject to judicial safeguards and standard bail conditions, invoking Data Ram case without expressing an opinion on merits.

What did the court decide?

Release on bail with two sureties subject to conditions not to tamper with evidence, not to threaten witnesses, and to appear in court.

Mohammed Yaseen Vs State of U.P and Another — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4078 of 2021

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Applicant :- Mohammed Yaseen Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ashwani Kumar Pathak 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 and the learned A.G.A.

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This is a bail application on behalf of the applicant Mohammed Yaseen in connection with Case Crime No.1386 of 2020, under Sections 363, 366, 376 I.P.C. & 4/5 POCSO Act, Police Station Shahpur, district Gorakhpur.

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The first information report of this incident was lodged by the complainant against the applicant about the disappearance of his daughter, who was said to be 16 years of age.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that as per first information report the age of the alleged victim was 16 years. He submitted that as per medical the age of alleged victim was 18 years, copy whereof has been annexed on page no.26 of the affidavit, filed in support of the bail application. He submitted that the alleged victim was in consensual relations with the applicant. He further submitted that the alleged victim has not supported the prosecution version in her statement recorded under Section 1674 Cr.P.C. He further submitted that the alleged victim had lived with the applicant out of her own sweet will. He submitted that the applicant is languishing in jail since 06.11.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Mohammed Yaseen 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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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.

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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 learned counsel for the applicant along with 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 :- 3.2.2021

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R./

Mohammed Yaseen v. State of U.P and Another

Case brief

What is this about?

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Mohammed Yaseen v. State of U.P and Another

Case brief

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What did the court decide?

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