Allowed

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

Allahabad HC5 Dec 2022BAIL/39016/2022

Case brief

AI extract

What is this about?

In a criminal bail application regarding offenses under IPC and POCSO Act, the Allahabad High Court, after hearing counsel and noting conflicting victim statements and lack of prior criminal record, allowed bail with conditions. The court referred to Satendra Kumar Antil before granting relief.

What did the court decide?

The applicant Zeeshan was released on bail on furnishing a personal bond and two sureties subject to conditions of no tampering with witnesses, sincere cooperation, and no further criminal activity.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39016 of 2022

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Applicant :- Zeeshan Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 144 of 2022, under Sections 363, 366, 354 I.P.C. and 7/8 POCSO Act, P.S. Obra, District Sonbhadra, during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The victim in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. has not made any allegation against the applicant and the statements are contrary to each other. The victim in her statement averred that applicant is her friend and he has not enticed her away. There is no allegation of physical assault. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 19.07.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, 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, Zeeshan, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction

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of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 5.12.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.06 11:17:15 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Zeeshan 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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