Allowed

Iqbal Prashad v. State of U.P. and 3 Others

Allahabad HC16 Dec 2022BAIL/57461/2022

Case brief

AI extract

What is this about?

Allowed bail to the applicant in a case involving Sections 363, 366, 376 IPC and POCSO Act, noting lack of criminal history and no specific dispute raised by the State despite allegations of false impicement based on victim's age.

What did the court decide?

Application allowed; applicant to be released on bail on personal bond and two sureties conditioned to not tamper with evidence, influence witnesses, or fail to appear.

Iqbal Prashad 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. - 57461 of 2022

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Applicant :- Iqbal Prashad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Case No. 222 of 2022 at Police Station Rampur Karkhana District Deoria under Sections 363, 366, 376 I.P.C and Section 3/4 POCSO Act . The applicant is in jail since 27.07.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/Special POCSO Judge, Deoria on 14.11.2022

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Shri R. K. Shahi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The age of the victim as depicted in the High School certificate was got incorrectly recorded by the victim's parents to give her an unfair advantage in life. The victim is infact a major. The medical report drawn up by eminent doctor from a reputed institution opines that the victim is about 19 years of age. The applicant and the victim were intimate. Their consensual relationship was opposed by her parents. The victim in her statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. has admitted to intimacy with

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the applicant. She has further asserted that she voluntarily established physical relationship with the applicant. The two have subsequently got married. No allegation of rape, inappropriate behaviour or physical assault has been made against the applicant in the aforesaid statements. The F.I.R. has been lodged at the behest of the parents of the victim only to deflect attention from the victim and cause a breach in their relationship.

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Learned counsel for the applicant lastly contends that the applicant does not have any criminal history apart from the instant case. The applicant's family resides in Deoria and his source of livelihood is also situated in the same district. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Markendya Singh, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Iqbal Prashad be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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

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In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the State/prosecution may move an application for cancellation of bail application.

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Order Date :- 16.12.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.12.21 12:31:07 IST Reason: Location: High Court of Judicature at Allahabad

Iqbal Prashad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Iqbal Prashad 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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