Allowed

Daud Suleman v. State of U.P. and 3 Others

Allahabad HC30 Aug 2022BAIL/49862/2021

Case brief

AI extract

What is this about?

The court allowed the bail application of Daud Suleman in a case involving sexual offences under IPC and POCSO. The judge found that the applicant had made out a case for bail, considering the victim's age and the circumstances, subject to specific conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in like amounts.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49862 of 2021

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Applicant :- Daud Suleman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bipin Kumar Tripathi,M J Akhtar Counsel for Opposite Party :- G.A.,Vinay Kumar Singh

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri M J Akhtar, learned counsel for the applicant, Sri Vinay Kumar Singh, learned counsel for complainant as well as learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for enticing the daughter of the informant and establishing physical relation with her by force, thereafter to make pressure for entering into marriage by conversion. Further submitted that in the F.I.R. it has been alleged that this applicant was in relation with the victim two years prior to the alleged incident but no any complaint was made either by the victim or members of her family. She was willing and consenting party. Even in her statement recorded under Section 164 Cr.P.C. she has narrated that she was in relation with the applicant prior to the alleged incident and physical relations were also established. It is also submitted that the age of the victim was found to be 18 years in medical examination. In this way, she was major and consenting party. There is no criminal history against the applicant. He is languishing in jail since 5.9.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for complainant as well as learned AGA opposed the prayer for bail and acceded the fact that there is no any video clip prepared by the applicant relating to the physical relation with the victim.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the age of the victim and her willingness and without expressing any opinion on the merits of the case, 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 Daud Suleman involved in Case Crime No. 266 of 2021, under Sections 376, 506 I.P.C. and Section 3/4

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POCSO Act, P.S. Pipraich, District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 30.8.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.09.02 16:05:44 IST Reason: Location: High Court of Judicature at Allahabad

Daud Suleman v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Daud Suleman 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

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