Allowed

Farman v. State of U.P. and Another

Allahabad HC17 Jun 2021BAIL/4680/2021

Case brief

AI extract

What is this about?

Court granted bail to applicant Farman in rape and POCSO case involving major consenting victim. Released on personal bond and sureties with specific conditions, allowing surety waiver during court lockdown due to pandemic.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties each, with provision to execute bond alone without sureties during court lockdown due to pandemic.

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

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4680 of 2021

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Applicant :- Farman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jata Shankar,Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Despite sufficient service, none has appeared on behalf of the informant/opposite party no.2.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This bail application has been preferred by the accusedapplicant- Farman who is involved in Case Crime No. 301 of 2020, under Sections 363, 376 I.P.C. and 3/4 of POCSO Act, Police Station- Meerapur, District- Muzaffar Nagar.

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Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case due to ulterior motive; that the victim is major and consenting party; that the applicant has not enticed away the victim; that there is no independent witness of the alleged incident; that as per the medical report of the victim, her age is found to be 18-19 years and no internal or external injury has been found; submission of learned counsel for the applicant is that in her statement recorded under Section 164 Cr.P.C. the victim has not supported the prosecution case and has stated that she had gone with the applicant at her own will and they have solemnized Nikah at Bareilly. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 11.10.2020 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A has vehemently opposed the prayer for grant of bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case the accused applicant is entitled for bail.

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Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in

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the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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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It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.

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Order Date :- 17.6.2021 S.Verma

Farman v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Farman v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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