Allowed

Abdul Malik Second Bail v. State of U.P. and 4 Ors.

Allahabad HC3 Aug 2023/13862/2021

Case brief

AI extract

What is this about?

Court allowed a second bail application by an aged, ailing applicant accused of sexual offences and cheating. Granting bail based on the inherent contradictions in victim and witness statements and the applicant's age and health, without commenting on the merits of the case.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties in equal amounts.

Abdul Malik Second Bail Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:51209

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Court No. - 5

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13862 of 2021

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Applicant :- Abdul Malik Second Bail Opposite Party :- State Of U.P. And 4 Ors. Counsel for Applicant :- Jitendra Saksena,Aishwarya Pratap Singh,Alok Kumar Pathak,Anurag Singh,Jalaj Kumar Gupta,Sarfraz Ahmad,Suhail Kashif Counsel for Opposite Party :- G.A.

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Hon'ble Irshad Ali,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State-opposite parties and perused the material on record.

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This is second application for bail in Case Crime No.0547 of 2020 under Sections 376, 420, 323, 504, 506 of the Indian Penal Code and Section 3/4 of the P.O.C.S.O. Act, Police Station Mohanlalganj, District Lucknow.

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Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence as alleged in the F.I.R. The cross-examination of the victim has been completed and she is constantly changing her statement every time when she is called for cross examination, which itself shows that she has been tutored. She herself has demolished the prosecution version. He next submits that the applicant is an old aged ailing man and is languishing in jail since 4.10.2020 due to false prosecution on the behest of the mother of the victim, who is using this draconian law to settle her old enmity.

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Learned counsel for the applicant next submits that the witnesses of fact has already been cross examined, where there are severe contradictions in the version of the witnesses, the witnesses have changed their statement constantly and in fact have counter demolished their own versions, which itself shows that the entire prosecution version is false and has been initiated with ulterior motive.

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On the other hand, learned A.G.A. has vehemently opposed the prayer for bail, but has not disputed the facts stated above.

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Perusal of the statements of the victim reveals that there is much contradiction in the statements of the victim and she has

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constantly been changing her own version.

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Having considered the aforesaid facts and circumstances of the case, coupled with the fact that the applicant is old aged ailing man and he is languishing in jail since 4.10.2020 and 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 in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Abdul Malik be released on bail in Case Crime No.0547 of 2020 under Sections 376, 420, 323, 504, 506 of the Indian Penal Code and Section 3/4 of the P.O.C.S.O. Act, Police Station Mohanlalganj, District Lucknow on 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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Order Date :- 3.8.2023 GK Sinha

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Digitally signed by :- GAUTAM KUMAR SINHA High Court of Judicature at Allahabad, Lucknow Bench

Abdul Malik Second Bail v. State of U.P. and 4 Ors.

Case brief

What is this about?

What did the court decide?

Abdul Malik Second Bail v. State of U.P. and 4 Ors.

Case brief

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What did the court decide?

What the court decided

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