The court granted bail to the applicant alleging he was falsely implicated in kidnapping and child sexual offences, considering the nature of evidence, lack of injuries on the victim, and jail congestion.
The applicant was released on bail on furnishing a personal bond and two sureties with conditions to attend trial and not tamper with witnesses.
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. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1412 of 2022
Applicant :- Sahjad Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A.,Akash Kumar Verma
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the parties through video conferencing and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. As per prosecution story, it is alleged that applicant enticed away the sister of the informant. Learned counsel for the applicant has drawn attention to the statements of the victim recorded under Section 161 Cr.P.C. and 164 CrP.C. and it is argued that victim used to talk with the applicant and went to Gorakhpur with the applicant of her own free will. In medical report of the victim, which is annexed as annexure-5 to this bail application, no injuries were observed on her person. 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 26.9.2021. Applicant has no previous criminal history.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer.
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.
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.
Let applicant- Sahjad Khan , be released on bail in Case Crime No. 141 of 2021, under Sections- 363, 366 IPC and 3/4 of POCSO Act, Police Station- Sonauli, District- Maharajganj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 3.2.2022 A.P. Pandey
Digitally signed by ANAND PRAKASH PANDEY Date: 2022.02.09 10:03:06 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant despite allegations of enticement and kidnapping.
Whether circumstances of jail overcrowding and nature of allegations warrant release on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶10
(2018) 2 SCC 22 · Who else cites this
Contagion of COVID 19 Virus in prisonsReferred¶8
Suo Motu Writ Petition (c) No. 1/2020
5 provisions across 4 enactments
Sahjad Khan
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
