Allowed

Ajaz v. State of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Lok Bhawan Lko. and 3 Others

Allahabad HC22 Mar 2023/622/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the release of the accused on bail in a case involving charges under sections 376, 420, 493 IPC and POCSO Act, 2012, noting discrepancies in the complainant's statements regarding age and version.

What did the court decide?

Release of applicant Ajaz on bail on personal bond and two sureties, subject to conditions not to tamper with evidence or pressurize witnesses.

Ajaz Vs State of U.P. Thru. Prin. Secy. (Home), Govt. U.P… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 622 of 2023

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Applicant :- Ajaz

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Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Lok Bhawan Lko. And 3 Others

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Counsel for Applicant :- Mahmood Alam,Hari Govind Dubey,Rahul Tiwari

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Counsel for Opposite Party :- G.A.,Ambrish Kumar Dwivedi,Ravi Dwivedi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mahmood Alam, learned counsel for the applicant, and Sri Jayant Singh Tomar, learned Addl. Government Advocate-I, and Sri Ravi Dwivedi, learned counsel for the applicant.

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By means of the instant application the applicant Ajaz S/o Irfanul Haque seeks bail in Case Crime No. 272 of 2022, under sections 376, 420, 493 IPC and section ¾, Protection of Children from Sexual Offences (POCSO) Act, 2012 , P.S. Reusa, District Sitapur.

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The aforesaid case has been registered on the basis of a first information report (F.I.R.) lodged on 22.7.2022 alleging that the informant is having a love-affair with the applicant for the past one-and-a-half years; that the informant went to live with the applicant at Hyderabad and stayed there with him for 6 months, during which period the applicant made physical relations with her under a false promise to marry her; that the parents of the applicant had also agreed for the marriage, but Subsequently they declined and after exploiting the informant for one-and-ahalf years the applicant has declined to marry her.

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In her statement recorded under section 161, CrPC the informant stated her age to be 18 years and she reiterated the

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F.I.R. version. The informant was taken for medico-legal examination, but she declined to undergo the same.

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In the statement of the informant regarded under section 164, CrPC she claimed that she was aged 17 years and in this statement she stated that about one month prior to making the statement the applicant had promised to marry her, but thereafter he married some other woman.

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Having considered the aforesaid facts and circumstances of the case and keeping in view that in the F.I.R. the informant has not disclosed her age, whereas in her statement recorded under section 161, CrPC she mentioned her age to be 18 years and that there are several discrepancies in the versions given by the informant in the F.I.R., in her statement recorded under section 161, CrPC and in the statement under section 164, CrPC, 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 accused on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Ajaz S/o Irfanul Haque be released on bail in the aforesaid Case Crime No. 272 of 2022, under sections 376, 420, 493 IPC and section ¾, Protection of Children from Sexual Offences (POCSO) Act, 2012 , P.S. Reusa, District Sitapur, 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 :- 22.3.2023 A.Nigam

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

Ajaz v. State of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Lok Bhawan Lko. and 3 Others

Case brief

What is this about?

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Ajaz v. State of U.P. Thru. Prin. Secy. (Home), Govt. U.P. Lok Bhawan Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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