Haryana? No. Allahabad High Court granted bail to Amamuddeen, an accused in a sexual offence case, relying on false implication arguments and personal bond conditions. Disposition: Allowed bail.
Release on bail by furnishing personal bond and two local sureties under specified conditions to appear and not tamper evidence or witnesses.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42932 of 2021
Applicant :- Amamuddeen Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Mishra,Surjeet Singh Counsel for Opposite Party :- G.A.,Jitendra Singh
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party no. 1 and Sri Jitendra Singh, learned counsel for the informant-opposite party no. 2.
It is submitted that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 18.01.2021 and the first information report was lodged on 22.01.2021. The delay is fatal to the prosecution case. The statement of the victim under Section 161 Cr.P.C. was recorded on 23.01.2021. In the said statement the victim stated that he is presenting himself for getting medically examined on the same day. However, the medical examination was conducted on 25.01.2021 i.e. after 7 days of the incident. As per the opinion of the Doctor, the injury is caused by hard and blunt object. It is next submitted that the applicant is a social worker and is member of Alpasankhyak Morcha of a political party, hence he has been falsely implicated. The criminal history of the applicant has been explained in the affidavit. The applicant is in jail since 03.09.2021 and if he is released on bail, he will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Perused the first information report as well as averments made in the application.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Amamuddeen, involved in Case Crime No. 19 of 2021, under Sections 377 I.P.C. and 5/6 Prevention of Children from Sexual Offences Act, Police Station Jahanaganj, District Azamgarh be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.3.2022 SKT/-
Digitally signed by SHIVA KANT TIWARI Date: 2022.03.25 17:40:06 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused under Sections 377 IPC and POCSO Act, should be released on bail.
Amamuddeen
State Of U.P.
Another
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
