Allowed

Badruddin v. State of U.P. and Another

Allahabad HC24 Nov 2022BAIL/7348/2022

Case brief

AI extract

What is this about?

In this bail application regarding charges under the POCSO Act, the court granted bail to the applicant. The decision was based on the fact that the parties have reconciled and married, and the alleged victim has not expressed concerns about her safety or prejudice at trial.

What did the court decide?

The applicant was enlarged on bail by furnishing a personal bond and two heavy sureties with conditions against tampering with evidence.

Badruddin Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7348 of 2022

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Applicant :- Badruddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A.,Rajkapoor Upadhyay,Saumya Srivastava

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the parties.

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The instant bail application has been filed on behalf of the applicant - Badruddin involved in Case Crime No. - 137 of 2021, under Sections - 5j(ii)/6 POCSO Act, Police Station - Ghughli, District - Maharajganj , during pendency of trial.

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Earlier, upon hearing learned counsel for the parties, following order was passed on 21.07.2022:

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"1. Heard Shri A.T. Pandey, learned counsel for the applicant; Shri Madan Mohan Yaduvanshi, Advocate, holding brief of Shri Rajkapoor Upadhyay, learned counsel for the informant; and learned A.G.A. for the State.

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2. The present bail application has been filed on behalf of the applicant - Badruddin, seeking anticipatory bail in Case Crime No. - 137 of 2021, under Sections - 5j(ii)/6 POCSO Act, Police Station - Ghughli, District - Maharajganj.

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3. Earlier, the applicant had filed C.M. Bail Application No. 43470 of 2021 with respect to Case Crime No. - 137 of 2021, under Sections - 376 I.P.C. and Section 3/4 P.O.C.S.O. Act, 2012, Police Station - Ghughli, District -Maharajganj. On that, following order was passed:

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"10. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on interim bail till the next date fixed, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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11. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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12. Identity, status and residence proof of the applicant and sureties be verified by the

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court concerned before the bonds are accepted.

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13. The entitlement of bail may be considered upon receiving response of the informant."

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4. Learned counsel for the applicant states, despite the above order, the applicant could not be released as subsequently Section 5j(ii)/6 P.O.C.S.O. Act was added.

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5. Today, learned counsel on behalf of the informant, states, the parties have been able to reconcile their differences and, at present, marriage between the parties is proposed. The misunderstanding between the parties that gave rise to the inspection of the criminal prosecution has thus been addressed.

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6. That apart, keeping in mind the fact that the applicant was granted interim bail in C.M. Bail Application No. 43470 of 2021. Arising from the same case crime number, for the original sections such as Sections - under Section -376 I.P.C. and Section 3/4 POCSO Act, the applicant is found entitled to interim bail, in the present case as well.

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7. List in the additional cause list on 17 November 2022 on which date, the applicant as also the first informant and the victim may file their personal affidavits as to the current status.

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8. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on interim bail till the next date fixed, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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9. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted."

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Today, supplementary affidavits on behalf of Tayrun Nisha and Anjum Ara have been filed. They disclose, marriage having been solemnized between the parties on 03.10.2022.

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While no conclusion may be drawn by this Court as to the validity of the marriage claimed and its effects on the pending prosecution, solely on account of the fact that the parties are living together and the alleged victim girl has not expressed any concern as to her safety or as to the prejudice that may be caused at the trial, the applicant is entitled to be enlarged on bail.

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In view of the above, without expressing any opinion on the

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final merits of the case, let the applicant Badruddin involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Present bail application stands allowed .

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The interim order already granted is made absolute.

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Order Date :- 24.11.2022 Prakhar

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Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.11.25 10:11:02 IST Reason: Location: High Court of Judicature at Allahabad

Badruddin v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Badruddin v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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