Allowed

Zahid v. State of U.P. and 3 Others

Allahabad HC20 Sept 2022BAIL/7615/2022

Case brief

AI extract

What is this about?

This court allowed the bail application of Zahid, who was accused of abduction, rape, and religious conversion of a minor. Relying on Article 21 and recognized precedents regarding jail overcrowding, the applicant was granted bail on personal bond with two sureties subject to specific conditions ensuring attendance and no tampering with evidence.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties with specific conditions regarding attendance and behavior.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7615 of 2022

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Applicant :- Zahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Rathi,Sundeep Shukla Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi

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Hon'ble Siddharth,J.

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

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The instant bail application has been filed on behalf of the applicant, Zahid, with a prayer to release him on bail in Case Crime No.148 of 2021, under Sections 363, 376(3) IPC, 3/4 POCSO Act & 5(1) Prohibition of Unlawful Conversion of Religion Act, Police Station Hafizpur, District- Hapur, during pendency of trial.

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There is allegation against the applicant of abduction of a minor girl and commission of rape. There is also allegation of unlawful conversion of the religion of the victim against the applicant.

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Learned counsel for the applicant has submitted that the facts of the case are that the victim is an orphan. She was residing in the house of her grand-father, where she was subjected to torture. In her statement under Section 164 Cr.P.C, the victim has made allegation that she was subjected to rape by her cousin in her house. The applicant is a rickshaw puller. He used to frequent in her house and he saw the victim being beaten by her family members. She went to Noida with the applicant, where after conversion of her religion, he entered into marriage with her. She has alleged that the applicant committed the offence of rape, but she has also stated that she wants to live with the applicant because he has saved her life. The age of the victim, as per medical report, is 16 years. However, given margin of two years on higher side, she can be considered to be major. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 31.7.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail of the applicant. They have submitted that there are serious allegation against the applicant. The victim is minor. Therefore the applicant is not entitled to be enlarged on bail.

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After considering the peculiar facts and circumstances of the case, this Court finds that the applicant is entitled to be enlarged on bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No.

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5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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 Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 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 abuse of liberty of bail and proceed against him in accordance with law.

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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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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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The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order.

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Order Date :- 20.9.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.09.20 16:50:21 IST Reason: Location: High Court of Judicature at Allahabad

Zahid v. State of U.P. and 3 Others

Case brief

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Zahid v. State of U.P. and 3 Others

Case brief

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