Court allowed bail to Wasim Khan, accused under IPC and POCSO, noting innocence plea, lack of antecedents, and variances in prosecution statements without commenting on merits.
Applicant released on bail on personal bond with two sureties subject to conditions including no tampering with evidence and appearing regularly.
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. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32943 of 2021
Applicant :- Wasim Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Gupta,Pankaj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Wasim Khan, in Case Crime No. 79 of 2021, under Section-354 I.P.C. & Section 5/6 of Protection of Children From Sexual Offence Act, 2012 & Section 3 (2) V A of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 Police Station- Mardah, District-Ghazipur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.04.2021; he is of no criminal antecedents; applicant was beaten by the peoples of the village owing to previous enmity and it was protested then this false implication was got made for above offence; no such offence was ever committed, nor prosecutrix did permit for her medical examination as has been written in the medical report itself; there is variance in the statements under Section 161 as well as 164 Cr.P.C. with regard to place of occurrence; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Wasim Khan , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.1.2022 Deepak/
2 issues framed by the court
Whether bail should be granted to the applicant accused of sexual assault under IPC and POCSO.
Whether the variance in statements and lack of antecedents justify release on bail.
3 provisions across 3 enactments
Wasim Khan
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
