Allowed

Rizwan Kuraishi @ Monu v. State of U.P. and 3 Others

Allahabad HC6 Jun 2022BAIL/22805/2022

Case brief

AI extract

What is this about?

Single judge granted bail to Rizwan Kuraishi in Case No.31 of 2022 for offences under IPC 363, 366, 376 and POCSO. The court considered conflicting evidence regarding the victim's age and released the applicant on personal and surety bonds with specific attendance conditions.

What did the court decide?

Applicant released on personal bond and two local sureties subject to conditions regarding court attendance and prohibition of witness tampering.

Rizwan Kuraishi @ Monu Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22805 of 2022

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Applicant :- Rizwan Kuraishi @ Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Learned A.G.A. submits that notice has been served on 25.05.2022 to the elder sister of the informant but no one appears on behalf of informant.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Crime No.31 of 2022, under Sections 363, 366, 376 I.P.C. & 3/4 POCSO Act, P.S. Kotwali, District Maharajganj.

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Learned counsel for the applicant submits that according to F.I.R. version victim aged about 13 years was enticed away by the applicant. In statement under Sections 161 & 164 Cr.P.C., victim has stated that she loves applicant for two years, out of her own will she went with the applicant and performed marriage in a temple. She has also refused to conduct her medical examination. As per radiological report, her age has been ascertained 19 years. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 18.06.2022.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that as per school record, date of birth of the victim is 15.05.2006, according to which at the time of incident, she was minor, therefore, the applicant is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, statement of the victim under Sections 161 & 164 Cr.P.C. as well as her radiological age, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the

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applicant- Rizwan Kuraishi @ Monu involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 :- 6.6.2022 Jitendra

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Digitally signed by JITENDRA KUMAR PATEL Date: 2022.06.06 16:07:17 IST Reason: Location: High Court of Judicature at Allahabad

Rizwan Kuraishi @ Monu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Rizwan Kuraishi @ Monu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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