Court allowed bail to the applicant charged with kidnapping and rape of a minor under IPC and POCSO sections. Court directed furnishing of personal bond and two sureties subject to specific conditions.
Released on bail with personal bond and two sureties subject to conditions regarding trial attendance and non-interference.
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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20555 of 2022
Applicant :- Iliyas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar,Piyush Patel Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. Allegedly, the applicant kidnapped the minor daughter of the informant and committed rape with her on the pretext of marriage. Further submitted that the victim was major and in love affair with the applicant and went with him voluntarily and in the medical examination her age was found to be 17 years. She was in a position to understand the nature of the act. False allegation of rape has been made by her against the applicant to make pressure on him to marry with her. She also refused to get herself medically examined. There is no any evidence on record regarding commission of rape with the victim.He is languishing in jail since 1.4.2022 having no any criminal antecedent 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 and urged that the applicant has committed the alleged offence, hence he is not entitled for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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- Iliyas, involved in Case Crime No.52 of 2022, under Sections 363, 376 I.P.C and 3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Kothibhar, District Maharajganj 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.
the trial.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.8.2022 G.S
Digitally signed by GHAN SHYAM Date: 2022.08.18 15:39:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving kidnapping and alleged rape of a minor.
Whether the applicant can release on bail subject to bond and sureties.
2 provisions across 2 enactments
Iliyas
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
