Mahfooz Vs State of U.P. and 3 Others

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37027 of 2022

Applicant :- Mahfooz Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajendra Kumar Misra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

Supplementary affidavit filed on behalf of applicant today, is taken on record.

¶6

Notice has been issued to the victim by means of an order dated 14.09.2022. The office has submitted a report that the notice has been received by the wife of the informant but nobody has put in appearance to oppose the prayer for bail to the applicant.

¶7

Heard Sri Rajendra Kumar Misra, learned counsel for the applicant, Sri D.K. Srivastava, learned Additional Government Advocate for the State and perused the record.

¶8

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 172 of 2022, under Sections 377 IPC and 5M/6 Protection of Children from Sexual Offences Act, Police Station Chilkana, District Saharanpur, during pendency of the trial in the Court below.

¶9

The aforesaid case has been registered on the basis of an F.I.R. dated 07.06.2022 alleging that the applicant has sodomized the victim in the night of 04/05.06.2022.

¶10

In paragraphs no. 13 and 14 of the affidavit filed in support of bail application, it has been stated that the applicant and the informant are neighbours and they have adjacent fields. The applicant has been falsely implicated in the present case due to dispute regarding drainage.

¶11

The applicant is languishing in jail since 08.06.2022.

¶12

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

¶13

Having regard to the aforesaid facts and submissions and keeping in view the fact that the applicant is 92 years of age and he is suffering from several old age diseases, I am of the view

¶14

that the applicant is entitled to be released on bail.

¶15

In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

¶16

Let applicant, Mahfooz , be released on bail in Case Crime No. 172 of 2022, under Sections 377 IPC and 5M/6 Protection of Children from Sexual Offences Act, Police Station Chilkana, District Saharanpur, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶17

(i) The applicant will not tamper with the evidence during the trial.

¶18

(ii) The applicant will not influence any witness.

¶19

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

¶20

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

¶21

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

¶22

Order Date :- 30.11.2022 Prajapati

¶23

Digitally signed by RAMKESH PRAJAPATI Date: 2022.12.02 12:31:44 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Irfan Vs State of U.P.

Reetu Singh Vs State of U.P.

Arjun Diwaker Vs State of U.P.

Deepak Vs State of U.P.

Abhishek Vs State of U.P.

Mahendri Vs State of U.P.