Allowed

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

Allahabad HC14 Sept 2022BAIL/34273/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Mateen, accused of kidnapping, rape, and offense under POCSO. The court held a case out for bail considering the applicant's claim of innocence and voluntary cohabitation, despite opposition from the victim.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each, subject to specified conditions.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34273 of 2022

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Applicant :- Mateen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Dubey,Mohd. Parvez Alam,Mohd. Saleem Khan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Shri Abhishek Kumar Singh, learned counsel for the victim appeared and filed vakalatnama along with short counter affidavit, which is taken on record.

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Heard learned counsel for the applicant, learned counsel for the victim as well as 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 the complainant and committing rape with her. Further submitted that the victim was major at the time of alleged incident, aged about 20 years as per medical examination and she went with the applicant voluntarily and entered into marriage with him. She was living with the applicant, but later on applicant was arrested by the police. In her statement under Section 164 Cr.P.C. the victim had stated that she went from her house with the applicant voluntarily and no any course of violence was used against her by the applicant. In this way no case is made out against the applicant. There is no criminal history against the applicant. He is languishing in jail since 09.06.2022 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 counsel for the victim as well as learned A.G.A. have opposed the prayer for bail, but acceded the aforesaid facts.

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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 willingness 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 Mateen involved in Case Crime No. 203 of 2022, under Sections 363, 376 I.P.C. and 3/4 Protection of

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Children from Sexual Offences Act, 2012, P.S. Kotwali Dehat, District-Saharanpur 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 :- 14.9.2022 Sunil Kr. Gupta

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Digitally signed by SUNIL KUMAR GUPTA Date: 2022.09.15 16:12:17 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Mateen 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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