Allowed

Ahmad Raza v. State of U.P. and 3 Others

Allahabad HC16 Nov 2022BAIL/37696/2022

Case brief

AI extract

What is this about?

Court granted bail to applicant in a case involving sections 363, 376, 506 IPC and POCSO. Bail granted on personal bond and two sureties with conditions regarding court attendance and trial conclusion within one year.

What did the court decide?

Granted bail on personal bond and two sureties subject to strict conditions including court attendance and trial conclusion within one year.

Ahmad Raza Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37696 of 2022

¶3

Applicant :- Ahmad Raza Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.,Manish Joshi

¶4

Hon'ble Shekhar Kumar Yadav,J.

¶5

After obtaining no objection certificate from the earlier counsel appearing on behalf of the applicant, Sri Shrish Chandra, Advocate has filed parcha on behalf of the applicant is taken on record.

¶6

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶7

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 147 of 2022, under Sections 363, 376, 506 IPC and section 3/4 Protection of Children from Sexual Offence Act, Police Station Dilari, District Moradabad.

¶8

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per the medical report victim is aged about 17 years. It has further submitted that in her statements recorded under sections 161 and 164 Cr.P.C. the victim has stated that she had travelled with the applicant from Mumbai to Delhi but during this period she did not make any hue and cry to save herself which shows that the victim is a consenting party. As per medical report no injury has been found on the body of the victim. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history of the applicant. The applicant is in jail since 5.7.2022.

¶9

On the other hand, learned A.G.A. as well as learned counsel for the complainant oppose the application for bail but could not dispute with regard the age of the victim.

¶10

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

¶11

Let the applicant Ahmad Raza , who is involved in aforementioned case crime be released on bail on his furnishing

¶12

a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶13

(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.

¶14

(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.

¶15

(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.

¶16

(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.

¶17

(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.

¶18

In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

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.

¶20

Order Date :- 16.11.2022

¶21

¶22

Digitally signed by AFAQ AHMAD Date: 2022.11.16 16:40:35 IST Reason: Location: High Court of Judicature at Allahabad

Ahmad Raza v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ahmad Raza v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjay Rajbhar Vs State of U.P.

Harihar Yadav Vs State of U.P.

Akash Vs State of U.P.

Virendra Singh Vs State of U.P.

Mohit Chauhan Vs State of U.P and 3 Others

Smt. Rakesh Vs State of U.P.