Allowed

Aaftab v. State of U.P. and Another

Allahabad HC21 Oct 2021BAIL/9351/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 9351 of 2021, the Allahabad High Court granted bail to Aaftab accused of offences under IPC and POCSO, citing Article 21 and referencing the Dataram Singh judgment, directing expeditious trial.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions to appear in court and not tamper with evidence.

Aaftab Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9351 of 2021

¶3

Applicant :- Aaftab Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.,Kailash Choudhary

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicant, Sri Kailash Choudhary, learned counsel for the opposite party and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

¶6

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is next contended that as per statement of victim recorded u/s 161 and 164 Cr.P.C., it is crystal clear that victim was in love with the applicant and on the pretext of marriage she went to Ajmer with the applicant and in the journey no hue and cry was made by the victim as such she is consenting party, a copy of statements of victim recorded u/s 161 and 164 Cr.P.C. have been annexed as Annexure Nos. 2 and 5 to the affidavit filed in support of bail application. 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 17.10.2020. It has been pointed out that the applicant has no criminal history .

¶7

Learned counsel for the opposite party as well as learned A.G.A. has vehemently opposed the prayer.

¶8

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.

¶9

Having heard the submissions of learned counsel of both sides, 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.

¶10

Let applicant- Aaftab , be released on bail in Case Crime No. 974 of 2020, under Sections- 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, Police Station- Gorakhnath, District-

¶11

Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶12

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

¶13

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶14

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

¶15

(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

¶16

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.

¶17

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.

¶18

In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

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 is no legal impediment.

¶20

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

¶21

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶22

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.

¶23

Order Date :- 21.10.2021 Arti

Aaftab v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aaftab v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nazre Alam Vs State of U.P.

Raj Kumar Vs State of U.P.

Rajendra Nishad Vs State of U.P.

Waseem Vs State of U.P.

Sanjay Kushwaha Vs State of U.P. and Another

Gopal Parihar Vs State of U.P.