Allowed

Mohammad Rizwan v. State of U.P. and 3 Others

Allahabad HC19 May 2022BAIL/6943/2022

Case brief

AI extract

What is this about?

High Court granted bail to Mohammad Rizwan in a criminal case involving sexual offences and IPC sections, accepting the applicant's case to release him on a personal bond and sureties with specific conditions regarding court presence and abiding by proclamation procedures.

What did the court decide?

Released on bail on personal bond and two sureties with conditions regarding attendance, no adjournments, and consequences of absence.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6943 of 2022

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Applicant :- Mohammad Rizwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Despite the fact that information was sent to the informant, no one has appeared.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant, Mohammad Rizwan, who is involved in Case Crime No. 175 of 2021, under Sections 313, 376, 506 of I.P.C. and Section 3/4 of the Protection of Children From Sexual Offence Act, 2012, Police Station- Galshaheed, District- Moradabad. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that from the medical report or any other surrounding circumstance it is not established in any manner that the allegations made in the FIR were correct and he submits that before lodging of the FIR the prosecutrix was major and had gone along with the applicant with her own consent and free will. It is further submitted that the applicant has no other criminal history and is in jail since 18.12.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. It is further submitted that the charge sheet in the case has also been submitted and, therefore, no investigation is required

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history. He also did not deny that the charge sheet had been submitted.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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Let the applicant, Mohammad Rizwan be released on bail in Case Crime No. 175 of 2021, under Sections 313, 376, 506 of I.P.C. and Section 3/4 of the Protection of Children From Sexual Offence Act, 2012, Police Station- Galshaheed, District- Moradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of

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the case (ii) framing of charges and (iii) recording of statement under Section 323 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 19.5.2022 vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.20 18:48:09 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Rizwan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mohammad Rizwan v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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