Allowed

Faizan Alias Mohammad Shah v. State of U.P. and 3 Others

Allahabad HC21 Dec 2022BAIL/58655/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application in a POCSO case. The applicant was in jail since mid-September 2022 and alleged false implication due to age discrepancies in school records. The Court found merit in the applicant's submissions and granted bail without commenting on merits.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties subject to stringent conditions.

Faizan Alias Mohammad Shah Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58655 of 2022

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Applicant :- Faizan Alias Mohammad Shah Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri Counsel for Opposite Party :- G.A.,Mukesh Joshi

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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 Crime No.570 of 2022 at Police Station-Katghar, DistrictMoradabad under Sections 354, 354D, 323, 376, 342, 506 IPC and Section 3/4 and Section 7/8 of the POCSO Act. The applicant is in jail since 23.09.2022.

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The bail application of the applicant was rejected by the learned Special Judge (POCSO Act), Court No.1, Moradabad on 29.11.2022.

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Ms. Ambreen Masroor, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been shown as a minor in the F.I.R. only to aggravate the offence and cause indefinite imprisonment of the applicant. The age of the victim was incorrectly entered in the school records by her parents to give her unfair advantage in life. However, no medical examination to determine her age as per latest medical protocol was got done as

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it would falsify the prosecution case. The victim in fact a major.

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The applicant and the victim were intimate. However, their relationship was opposed by the family members of the latter. The F.I.R. is the result of such opposition. The applicant does not have any intent to harm or stalk the victim in any manner. The alleged incident occurred at a public place. The victim accompanied the applicant to the hospital where the alleged incident happened of her own volition. She did not resist the applicant nor did she raise an alarm.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. The applicant resides in Moradabad with his family. The applicant is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Sunil Kumar Srivastava, learned AGA for the State as well as Shri Mukesh Joshi, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They do not contest the criminal history of the applicant as

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disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and 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- Faizan Alias Mohammad Shah 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 concerned subject to following conditions.

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(i) The applicant shall not contact the victim in person or by phone or any other electronic device or medium directly or through any other person.

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(ii) The applicant is not permitted to visit the vicinity of the coaching centre during the working hours for a period of two years.

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

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(iv) The applicant will not influence any witness.

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

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(vi) 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 argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 21.12.2022 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Faizan Alias Mohammad Shah v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Faizan Alias Mohammad Shah 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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