The High Court allowed the bail application of the applicant, Shafik Alam, accused under sections related to kidnapping, abduction, and POCSO, permitting release on personal bond and sureties.
Release of the applicant on bail by personal bond and two sureties in the like amount.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38195 of 2021
Applicant :- Shafik Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Mohd. Shoeb Khan, learned counsel for the applicant and Shri Indra Prakash Srivastava, learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No.107 of 2021 at Police Station-Turkpatti, District-Kushinagar under Sections 363, 366, 506 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No.1, Kushinagar, at Padrauna on 09.08.2021.
The applicant is in jail since 14.05.2021, pursuant to the said F.I.R.
Shri Mohd. Shoeb Khan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim is a major. As per the report submitted by the Chief Medical Officer (C.M.O.), she is about 17 years of age. However, the medical examination to determine the accurate age as per the established
medical protocol by eminent doctors from reputed institutions has not been got conducted by the prosecution as would falsify the prosecution case. The victim under Section 164 Cr.P.C. has asserted that she accompanied with the applicant to Delhi of her own volition and thereafter resided with him voluntarily. No allegation of rape or forceful assault has been made against the applicant by the victim. Apart from the instant case the applicant does not have any criminal history. Lastly it is submitted by learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from the instant case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on
behalf of accused persons.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Shafik Alam be released on bail in Case Crime No.107 of 2021 at Police StationTurkpatti, District-Kushinagar under Sections 363, 366, 506, 376 IPC and Section 3/4 of the POCSO Act, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.2.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.11 12:15:55 IST Reason: Location: High Court of Judicature at Allahabad
2 provisions across 2 enactments
Shafik Alam
State of U.P.
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
