Allowed

Naushad v. State of U.P.

Allahabad HC30 Aug 2022BAIL/24723/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application for the applicant Naushad in a case involving abduction and offence under POCSO. The applicant was released on personal bond and two sureties subject to specific conditions. The decision was based on the nature of the case and conflicting victim statements.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions.

Naushad Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24723 of 2022

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Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant Naushad with a prayer to release him on bail in Case Crime No.181 of 2021, under Sections 363, 366 I.P.C. read with Section 17 POCSO Act 2012, P.S. Dhanapur, District Chandauli during pendency of the trial.

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First Information Report was lodged on 09.10.2021 by first informant regarding missing of her daughter. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per medical report, victim is aged about 17 years six months. She left her parental house on her own sweet will. No allegation of rape has been made against the applicant. Statements of the victim recorded under sections 161 & 164 Cr.P.C. are contradictory. Victim left her parental house to solemnize marriage with the applicant.There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Naushad be released on bail in Case Crime No.181 of 2021, under Sections 363, 366 I.P.C. read with Section 17 POCSO Act 2012, P.S. Dhanapur, District Chandauli, on his furnishing a personal bond and two sureties

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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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 30.8.2022/SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.08.30 17:45:18 IST Reason: Location: High Court of Judicature at Allahabad

Naushad v. State of U.P.

Case brief

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Naushad v. State of U.P.

Case brief

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