Allowed

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

Allahabad HC13 Sept 2022BAIL/33834/2022

Case brief

AI extract

What is this about?

A Special Criminal Court granted bail to Sajman, accused of abduction, kidnapping, and criminal conspiracy involving rape under IPC and POCSO Act, allowing release on personal bond and sureties subject to standard conditions.

What did the court decide?

Release on bail by personal bond and two sureties each with conditions regarding tampering, intimidation, appearance and commission of similar offences.

Sajman Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33834 of 2022

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Applicant :- Sajman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,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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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for enticing the daughter of informant and committing rape with her. Further submitted that he was not named in the F.I.R. but during investigation, his name was brought into light on the basis of statement made by the victim who was major at the time of alleged incident aged about 18 years as per medical report. She stated before the Investigating Officer under Section 161 Cr.P.C. that she went with this applicant voluntarily and she was in contact with him prior to the alleged incident. She went to Bilwada Rajasthan and entered into marriage with him in a temple and lived there as husband and wife for a period of one month when the fact of F.I.R. came into her knowledge, she came back from there and also expressed her willingness to live with the applicant but in her statement under Section 164 Cr.P.C. she changed her version under pressure of her parents and allegation of enticing and committing rape was made by her against this applicant and other co-accused Pankaj who was named in the F.I.R. There is no evidence on record to substantiate the allegation of rape with the victim. It is also submitted that since the victim was major and volunteer, no offence is made out against this applicant. He is languishing in jail since 25.6.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the age of the victim and her statement 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.

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Let the applicant Sajman involved in Special Case No. 173 of 2019 arising out of Case Crime No. 03 of 2021, under Sections 363, 366, 376(D), 323, 506, 427, 504 I.P.C. and Section 3/4 POCSO Act, P.S. Jahanaganj, District Azamgarh 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.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 13.9.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.09.16 15:49:15 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

What the court decided

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