Mannu @ Ayan Ali Vs State of U.P. Thru. Prin. Secy. Home Secrt. Lko. and 3 Others

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Neutral Citation No. - 2023:AHC-LKO:33853

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1345 of 2023

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Applicant :- Mannu @ Ayan Ali

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Secrt. Lko. And 3 Others

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Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.,Anoop Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri O.P. Tiwari, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I, Sri Anoop Srivastava, learned counsel for the informant, and perused the record.

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By means of the instant application the applicant Mannu alias Ayan Ali S/o Furkan Ali seeks bail in Case Crime No. 456 of 2022, under sections 376, 302, 504, 506, I.P.C., and section 3/4, Protection of Children from Sexual Offences (POCSO) Act, 2012, P.S. Kotwali, District Unnao.

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The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 11.06.2022 against the applicant and his mother alleging that on 09.06.2022 the applicant raped the informant's daughter inside his house and he remained with her inside the house for four hours and the informant himself had seen him there. It is further alleged that the informant complained about the incident to the applicant's mother, who came to the informant's house and abused the informant's daughter and beaten her badly. On the next date between 11 a.m. to 12 noon the accused persons again came to the informant's house and tortured his daughter, causing serious injuries on her body and thereafter they hanged her.

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The postmortem examination report of the dead-body of the

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informant's daughter mentions the solitary injury to be a Ligature Mark around her neck, which was interrupted by 5 Cm. behind right ear and the cause of death has been opined to be Asphyxia due to antemortem hanging.

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In the affidavit filed in support of the bail-application it has been stated that the applicant is innocent. He has been falsely implicated in the present case and he has no criminal history.

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Learned counsel for the applicant has submitted that the coaccused Kallo has already been granted bail by means of an order dated 23.01.2023 passed by this Court in Criminal Misc. Bail Application No. 367 of 2023.

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Learned counsel for the informant as also the learned A.G.A. have opposed the bail-application, but could not dispute the aforesaid facts.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the informant has alleged that the applicant had raped his daughter on 09.06.2022 and he had reached home, while the applicant was still there with his daughter and yet the F.I.R. was not lodged promptly; the informant has alleged that the accused persons had beaten the informant's daughter badly causing serious injuries on her body, which allegation is not supported by the postmortem examination report of the deceased, coupled with the fact that the other co-accused has already been granted bail; that the applicant has no criminal history and he is in jail since 12.06.2022, without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Mannu alias Ayan Ali S/o Furkan Ali be released on bail in the aforesaid Case Crime No. 456 of 2022, under sections 376, 302, 504, 506, I.P.C., and section 3/4, Protection of Children from Sexual Offences (POCSO) Act, 2012, P.S. Kotwali, District Unnao, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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( Subhash Vidyarthi, J. )

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Order Date :- 16.5.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Mannu @ Ayan Ali v. State of U.P. Thru. Prin. Secy. Home Secrt. Lko. and 3 Others

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Mannu @ Ayan Ali v. State of U.P. Thru. Prin. Secy. Home Secrt. Lko. and 3 Others

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