Allowed

Farhan Khan v. State of U.P.Thru. Prin.Secy. Home Lko and Others

Allahabad HC6 Dec 2022/2493/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the accused-applicant in a crime involving POCSO, IT Act, and IPC provisions. Relying on the examination of all prosecution witnesses and lengthy incarceration, the court granted bail subject to specific conduct conditions and directed the trial court to conclude the trial within six months.

What did the court decide?

Release of applicant on personal bond and two sureties with conditions regarding court presence and conduct during trial.

Farhan Khan Vs State of U.P.Thru. Prin.Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2493 of 2022

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Applicant :- Farhan Khan Opposite Party :- State Of U.P.Thru. Prin.Secy. Home Lko And Others Counsel for Applicant :- Vijayendra Prakash Tripathi,Vipul Mishra Counsel for Opposite Party :- G.A.,Avadhesh Mishra

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/ Case Crime No.469 of 2021, under Sections 376-D, 506 and 363 IPC, Section 5/6 POCSO Act and Section 67B Information Technology Act, Police Station Pura Kalandar, District Faizabad/Ayodhya.

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Accused-applicant has been in jail since 18.12.2021. In the meantime, all the witnesses of fact including the prosecutrix have been examined.

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Learned counsel for the accused-applicant submits that accused-applicant will not file any application to recall any of the witness and he will cooperate in the trial so that the trial gets concluded at an early date. He further submits that accused-applicant will not misuse the liberty of bail, if he is enlarged on bail.

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Learned AGA has opposed the prayer for bail, but not disputed the fact that all the wittiness of fact, including the prosecutrix, have been examined and their evidence is brought on record by way of supplementary affidavit.

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Considering the above facts and circumstances of the case, long incarceration of the accused-applicant in jail pending trial and also taking note of the fact that all the witnesses of fact, including the prosecution, have been examined in the court, the applicant is entitled to be released on bail.

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Let applicant Farhan Khan 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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The trial court is directed to expedite the trial proceedings and conclude the same, preferably, within a period of six months.

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Order Date :- 6.12.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.12.06 17:58:04 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Farhan Khan v. State of U.P.Thru. Prin.Secy. Home Lko and Others

Case brief

What is this about?

What did the court decide?

Farhan Khan v. State of U.P.Thru. Prin.Secy. Home Lko and Others

Case brief

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What did the court decide?

What the court decided

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