In Criminal Misc. Bail Application No. 10933 of 2022, the Allahabad High Court granted bail to the applicant charged under Section 377 IPC, 506 IPC, SC/ST Act, and POCSO Act, relying on the supplier's injury report and legal precedents.
The applicant is released on bail on furnishing a personal bond and 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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10933 of 2022
Applicant :- Shakib @ Kasib Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vidya Dhar Yadav,Ashish Jaiswal,Pramod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Despite service of notice, none is present for the informant even when the case is taken up in revised call.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Applicant is not named in the F.I.R.. His name surfaced in the matter during investigation. He is languishing in jail since 22.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, as is evident from the record, victim in his statement has assigned specific role to the applicant, however, a perusal of the injury report, available on record, prima facie shows that doctor found no mark of injury on external part of the body including anus and around anus. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sakib @ Kasib Khan involved in Case Crime No. 326 pf 2021, under Sections 377, 506 IPC, 3(2) v SC/ST Act and 3/4 POCSO Act, P.S. Madiyahu, District - Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
It is made clear that the submissions and observations made in this order are only for deciding the bail application. Trial Court while deciding the trial will not be influenced with the same.
Order Date :- 2.12.2022
safi
Digitally signed by MAHBOOB SAFI Date: 2022.12.05 10:20:53 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant bail to the applicant despite his initial absence from the F.I.R. and his alleged role in the offence
Whether the injury report showing no marks supports the grant of bail given the nature of the charges
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherFollowed¶10
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
4 provisions across 4 enactments
Shakib @ Kasib Khan
State Of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
