Allowed

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

Allahabad HC2 Dec 2022BAIL/37440/2022

Case brief

AI extract

What is this about?

Court allowed bail to Yusuf in a criminal trial involving offences under IPC and POCSO Act. The court noted the complainant turned hostile. Bail granted on personal bond and sureties with strict conditions regarding attendance and trial conclusion.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two heavy sureties, subject to strict conditions regarding trial attendance and proceedings.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37440 of 2022

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Applicant :- Yusuf Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shantanu Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Supplementary affidavit has been filed today, is taken on record.

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Heard Mr. Shantanu, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

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By means of this application, the applicant is seeking enlargement on bail during the trial in S.T. No. 594 of 2022 arising out of Case Crime No.67 of 2022, under Sections 452, 354, 323, 376 IPC and Section 3/4 of POCSO Act and 3 (2) (v) of SC/ST Act, Police Station Kankarkhera, District Meerut.

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The contention as raised at the Bar by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. The victim was referred for medical examination but she refused for her medical examination. The first informant and the victim, who were examined as PW-1 and 2, have not levelled any allegation against the applicant and they have turned hostile. Prima facie no offence is made out against the applicant. Lastly, it is argued that the applicant is languishing in jail since 21.02.2022 having no previous criminal history.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has submitted that it is a serious matter that a false FIR under the SC/ST Act is lodged against innocent persons ruined their image in the society just for taking huge money from the State and, thereafter, during trial, she is turned hostile. He has further submitted that in case during trial the victim herself is turned hostile, a proceeding under Section 344 Cr.P.C. should be initiated against her for giving false evidence and levelling false and concocted allegations.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused,

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submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant- Yusuf involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant without granting any unnecessary adjournment. In case, it is found that the victim has given false evidence, then the trial court is at liberty to pass appropriate order against the victim herself under Sections 344 Cr.P.C.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 2.12.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.12.02 16:50:42 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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