Allowed

Mailuddin @ Moinuddin v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC25 May 2023/398/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Mailuddin @ Moinuddin in a case involving IPC and POCSO charges. The court emphasized the absence of injury marks in the medico-legal report and the victim's consistent statement of marriage. Bail was granted with conditions.

What did the court decide?

Release on bail on personal bond and two sureties to the satisfaction of magistrate/court concerned in the amount.

Mailuddin @ Moinuddin Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:37499

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 398 of 2023

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Applicant :- Mailuddin @ Moinuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.,Alok Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Heard SriO.P. Tiwari, learned counsel for the applicant, Sri Hari Shankar Maurya, learned A.G.A. for the State, Sri Alok Srivastava, learned counsel for the informant and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 240 of 2022, under Sections 363, 366, 376 IPC and Section 5(J-2)/6 POCSO Act, Police Station Safipur, District Unnao.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.05.2022 alleging that the applicant had enticed away the informants daughter in the morning of 29.05.2022. .

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In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she is aged about 17 years, she used to talk to the applicant for the past five years and she had gone with the applicant on 29.05.2022 and married him on 12.06.2022.

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In the medico legal examination report of the victim no mark of injury of sign of use of force has been reported.

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Radiological examination was not conducted for ascertaining age of the victim.

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Before the Magistrate also the victim stated that she has married the applicant on 12.06.2022 and she further stated that she was two months' pregnant but she suffered miscarriage.

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In the affidavit filed in support of 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 opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations are not supported by the medico legal examination report and her age has also not been ascertained by the radiological examination of the victim; that the victim has consistently stated that she has married the applicant, coupled with the facts that the applicant has no criminal history and he is languishing in jail since 01.08.2022 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- Mailuddin @ Moinuddin be released on bail in Case Crime No. 240 of 2022, under Sections 363, 366, 376 IPC and Section 5(J-2)/6 POCSO Act, Police Station Safipur, District Unnao 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 :- 25.5.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mailuddin @ Moinuddin v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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Mailuddin @ Moinuddin v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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What did the court decide?

What the court decided

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