The Allahabad High Court granted bail in a rape case involving the POCSO Act. The judge found it a fit case for bail despite the severity of the charge, conditioning release on a personal bond, sureties, and strict attendance conditions.
Bail granted on personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40955 of 2022
Applicant :- Noor Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.,Haseeb Alam Ansari
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
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. 557 of 2022, under Sections 376D IPC and section 3/4 POCSO Act, Police Station Azimnagar, District Rampur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is aged about 55 years. It is further submitted that as per medical examination report, the victim is aged about 19 years. The statements of the victim recorded under sections 161 and 164 Cr.P.C. in which she has levelled allegation of rape against two persons including the applicant. It has further submitted that as per medical report, no internal or external injury has been found on the body of the victim, therefore, the medical report does not support the prosecution version. It has further submitted that as per version of the FIR, the incident took place two years ago and no date and time has been mentioned. No alleged offence is made out against the applicant. It has further submitted that the applicant has falsely been implicated in this case due to mediator to solemnize the marriage of the victim. There is criminal history of one case in which the final report has been submitted. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 19.7.2022.
On the other hand, learned A.G.A. as well as learned counsel for the complainant oppose the application for bail.
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.
Let the applicant Noor Ahmad , who is involved in aforementioned case crime be released on bail on his furnishing 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.
(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.
(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.
(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.
(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.
(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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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.
Order Date :- 7.12.2022
A.
Digitally signed by AFAQ AHMAD Date: 2022.12.07 17:01:04 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail in a rape case under Sections 376D IPC and POCSO Act.
Whether the nature of medical evidence and timing of the FIR make this a fit case for bail.
1 provisions across 1 enactments
Noor Ahmad
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
