Allowed

Abdul Salam v. State of U.P. through Principal Secretary Home, Civil Secretariat, District Lucknow and 3 Ors.

Allahabad HC11 Apr 2023/39/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application for Abdul Samar, accused of rape and abducting a minor. The court relied on the initial victim statement implicating only the co-accused and the applicant's lack of prior record, granting bail subject to personal bond and sureties.

What did the court decide?

Release on bail in Case Crime no. 296 of 2021 on furnishing a personal bond and two sureties.

Abdul Salam Vs State of U.P. through… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39 of 2022

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Applicant :- Abdul Salam Opposite Party :- State Of U.P. Through Principal Secretary Home, Civil Secretariat, District Lucknow And 3 Ors. Counsel for Applicant :- Suhail Kashif,O.P. Tiwari,S Malik E Ashtar Rizvi,Shaunak Singh Counsel for Opposite Party :- G.A.,Taufeeq Ahmad

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri O.P. Tiwari, the learned counsel for the applicant as well as Sri Manish Kumar Pandey, the learned A.G.A.-I for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime no. 296 of 2021, under Sections 363, 366, 376-D I.P.C. and Section 5/6 of Protection of Children form Sexual Offences Act, registered at Police Station Fatehpur, District Barabanki.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 24.07.2021 against the applicant and one Rashid alleging that the co-accused Rashid was having a love affair with the informant's minor daughter and he had enticed away the informant's daughter with the help of the applicant.

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In the statement of the victim recorded under Section161 Cr.P.C., she stated that she was having a love affair with the coaccused Rashid and there were relations between two of them. She stated that the co-accused had taken her home under pretext of getting some medicines and he took her to the house of the applicant and made physical relations with her, thereafter, he dropped her back at her home. However, in the statement recorded under Section 164 Cr.P.C, the victim alleged that the

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applicant had also committed the misdeed with her.

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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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The learned A.G.A. has filed a counter affidavit opposing the prayer of the bail application and copies of the statements, medico-legal examination report and charge-sheet have been annexed with the counter affidavit.

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A rejoinder affidavit has been filed on behalf of the applicant stating that the applicant is a married person having a daughter and two sons and it has been stated that the allegations against the applicant are false.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges the offence having been carried out by the co-accused with the help of the applicant; that in the initial statement, the victim did not say anything adverse to the applicant and she stated that she is in love with the co-accused Rashid and the applicant has been implicated only in the subsequent statement of the victim, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 13.10.2021, without making any observations 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 Abdul Salam be released on bail in Case Crime no. 296 of 2021, under Sections 363, 366, 376-D I.P.C. and Section 5/6 of Protection of Children form Sexual Offences Act, registered at Police Station Fatehpur, District Barabanki, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned,

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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 :- 11.4.2023 Preeti.

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

Abdul Salam v. State of U.P. through Principal Secretary Home, Civil Secretariat, District Lucknow and 3 Ors.

Case brief

What is this about?

What did the court decide?

Abdul Salam v. State of U.P. through Principal Secretary Home, Civil Secretariat, District Lucknow and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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