Allowed

Mohd. Fakrey @ Mohd. Khursheed Alam v. State of U.P Thru. Prin. Secy. Home Deptt.and 3 Others

Allahabad HC16 May 2022/1057/2022

Case brief

AI extract

What is this about?

Application for bail in a case under IPC and POCSO Acts allowed. Court released the accused on personal bond with conditions to ensure presence at trial stages and prevent abuse of bail, relying on the prosecutrix's statement and existing children.

What did the court decide?

Released on personal bond and two sureties with conditions to appear at trial stages and prevent misuse of bail.

Mohd. Fakrey @ Mohd. Khursheed Alam Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1057 of 2022

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Applicant :- Mohd. Fakrey @ Mohd. Khursheed Alam Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt.And 3 Others Counsel for Applicant :- Mohammad Riyaz Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the applicant as well as Ms. Arti Gupta, learned A.G.A. and perused the record.

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Despite service of notice, no one has put in appearance on behalf of the complainant to oppose the bail application.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.33 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Ahirauli, District Ambedkar Nagar.

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Allegation against the accused-applicant is that he enticed way the prosecutrix, aged around 14 years. The police after investigating the offence, filed the charge sheet under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act. The prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has said that she is major and she was not treated well at her house and, therefore, she ran away out of her house four years before the date, when the statement was recorded. She is married with the accused-applicant and she wants to live with him.

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Learned counsel for the accused-applicant submits that out of the wedlock, there are two children born from the prosecutrix.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the stand of the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. and the fat that she has given birth to two children from the accused-applicant, it would not be appropriate to keep the accusedapplicant in jail.

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Let applicant Mohd. Fakrey @ Mohd. Khursheed Alam be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant 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.

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(iii) 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, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 16.5.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.05.16 17:19:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Fakrey @ Mohd. Khursheed Alam v. State of U.P Thru. Prin. Secy. Home Deptt.and 3 Others

Case brief

What is this about?

What did the court decide?

Mohd. Fakrey @ Mohd. Khursheed Alam v. State of U.P Thru. Prin. Secy. Home Deptt.and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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