Allowed

Afzal v. State of U.P. and 3 Others

Allahabad HC19 Dec 2022BAIL/26114/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the court considered the gravity of offences including POCSO and IPC provisions. Acknowledging the nature of the case and evidence deficits, the court granted bail subject to furnishing a bond and sureties on specified conditions.

What did the court decide?

Bail allowed; applicant released on furnishing a personal bond and two sureties to court satisfied; conditions imposed regarding conduct and cooperation.

Afzal Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26114 of 2022

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Applicant :- Afzal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- S.M. Nazir Abbas Abedi Counsel for Opposite Party :- G.A.,G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit, filed today, is taken on record.

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Heard learned counsel for the applicant and 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 with a prayer to release him on bail in Case Crime No.66 of 2022, under Sections 504, 506, 354, 363, 366 I.P.C., and Section 7/8 POCSO Act, P.S. Ranipur, District Mau, during pendency of the trial.

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The allegation in the first information report is that applicant was studying with daughter of informant and he enticed away his daughter.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. Though applicant is classmate of the victim but he has been declared major by Juvenile Justice Board. The allegation is false and fabricated. It has been further argued that statements of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are contrary to the version of F.I.R. There are major contradiction between the statements. The victim has not made any allegation of physical molestation. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 07.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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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 law laid down by the Apex Court in Satendra Kumar Antil

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Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, 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, Afzal, who is involved in the aforesaid case crime, be released on bail on his 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.

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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 :- 19.12.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.20 11:13:25 IST Reason: Location: High Court of Judicature at Allahabad

Afzal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Afzal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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