This judgment allowed a bail application filed by Arman Hussain accused of offences under IPC and POCSO. The court found it a fit case for bail without expressing an opinion on the merits, citing Data Ram judgment. The applicant was ordered to be released on bond and sureties.
Bail granted on executing a personal bond and furnishing two sureties each.
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. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46528 of 2020
Applicant :- Arman Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Arman Hussain in connection with Case Crime No.141 of 2020, under Sections 376, 504, 506 I.P.C. and Section 3/4 of the POCSO Act, Police Station Kothibhar, district Maharajganj.
The first information report of this incident was lodged by the complainant against the applicant. It was alleged in the first information report that on 02.05.2020 at about 11.00 p.m. the applicant has misbehaved with the daughter of the complainant when she was going to ease herself.
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 the incident was alleged to have taken place on 02.05.2020 and it was reported to the police on 05.06.2020 and there is no explanation for the delay. He submitted that as per medical the age of the alleged victim was found to be 17 years and the alleged victim was in consensual relations with the applicant. He submitted that no allegation of rape was levelled against the applicant in first information report but later on the allegation of rape was levelled against the applicant. He submitted that the alleged victim in her statement recorded under Section 164 Cr.P.C. has also nominated one another person, Akhtar. He submitted that the entire prosecution story seems to be false and fabricated. He further submitted that the alleged victim has refused her medical to be conducted. He submitted that the applicant is languishing in jail since 03.10.2020 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
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.
Accordingly, the bail application stands allowed.
Let the applicant Arman Hussain 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:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
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;
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.
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.
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 :- 20.1.2021
R./
3 issues framed by the court
Whether the applicant is entitled to bail in a POCSO and IPC case involving rape allegations.
Whether the delay in FIR and change in allegations vitiate the prosecution case for bail purposes.
Whether the applicant satisfies the conditions of a fit case for bail despite the nature of offence.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P.Followed¶10
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
2 provisions across 2 enactments
Arman Hussain
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
