Allowed

Sajid v. state of u.p. and 3 Others

Allahabad HC13 Apr 2022BAIL/51809/2021

Case brief

AI extract

What is this about?

In a bail application under POCSO and IPC charges the High Court granted bail citing the reformative theory of punishment and conflicting affidavits regarding the specific nature of the alleged touch while expressing no opinion on the merits of the case.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties each in a prescribed amount subject to compliance with specific conditions.

Sajid Vs state of u.p. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51809 of 2021

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Applicant :- Sajid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anwar Hussain,Sunil Kumar Chaudhari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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The service on the opposite parties is sufficient but except learned A.G.A. none has put in appearance.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused applicant, Sajid is involved in Case Crime No. 668 of 2021, under Sections 420 and 354 I.P.C. read with Section 7/8 POCSO Act, registered at Police Station Uttar, District Firozabad.

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It is argued by the learned counsel for the applicant that as per first information report the allegation of wrong touch and disclosing his wrong name is there. In the statement under Section 161 Cr.P.C. the allegation of touching at hands and shoulders is disclosed while in the statement under Section 164 Cr.P.C. it is said that the accused touched at her hands and neck, thus, the intention of the applicant cannot be said to be bad. He has no antecedent of criminal history. He is languishing in jail since 14.10.2021, hence prayer for bail is made.

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Per contra, learned A.G.A. has opposed the bail application. It is submitted that the girl is below 15 years of age. In the statement under Sections 161 and 164 Cr.P.C. she has disclosed the fact of touching by the applicant and disclosing his wrong name as Aryan while his real name is Sajid.

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This is a case of bad touch and disclosing wrong name by the applicant. There is no criminal history to the credit of the applicant. He is languishing in jail since 14.10.2021.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature

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of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Sajid, who is involved in aforesaid 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:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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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 :- 13.4.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.04.13 18:50:11 IST Reason: Location: High Court of Judicature at Allahabad

Sajid v. state of u.p. and 3 Others

Case brief

What is this about?

What did the court decide?

Sajid 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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