Allowed

Maroof v. State of U.P.Thru. Prin. Secy. Home and 3 Others

Allahabad HC23 May 2023/72/2023

Case brief

AI extract

What is this about?

In a criminal bail application under IPC and POCSO Act, the Allahabad High Court allowed the applicant's petition for release on bail, relying on a forensic report excluding him as the biological father of the victim's child.

What did the court decide?

Released on bail subject to personal bond, two sureties, and conditions not to tamper with evidence, threaten witnesses, or miss court dates.

Maroof Vs State of U.P.Thru. Prin. Secy. Home and 3 Others — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:36378

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 72 of 2023

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Applicant :- Maroof

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Opposite Party :- State Of U.P.Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Mohd. Waris Farooqui Counsel for Opposite Party :- G.A.,Dinesh Kr. Chaudhary

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mohd. Waris Farooqui, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned Addl. Government Advocate, Sri Dilip Kumar Chaudhary, Advocate, holding brief of Sri Dinesh Kumar Chaudhary, learned counsel for the informant, and perused the record.

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By means of the instant application the applicant Maroof S/o Farooq seeks bail in Case Crime No. 45 of 2022, under sections 376, 504, 506, I.P.C., and section 3/4, Protection of Children from Sexual Offences (POCSO) Act, 2012, section 3(1)(w)(i), 3(2)(v), 3(2)(va), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S. Jarwa, District Balrampur.

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The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 06.08.2022, alleging that the informant's niece told her that the applicant had raped her on 3-4 occasions, due to which she became pregnant.

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In the statements of the alleged victim recorded under section 161, Cr.P.C. as also under section 164, Cr.P.C. she supported the prosecution case.

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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 State has filed a counter-affidavit annexing therewith copies of the material collected during investigation and a copy of the chargesheet.

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A rejoinder affidavit has been filed on behalf of the applicant annexing therewith a copy of the report dated 18.11.2022 submitted by the Forensic Science Laboratories, Gorakhpur, U.P., reporting that on the basis of D.N.A. Analysis the applicant is not biological father of the victim's child.

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Keeping in view the aforesaid facts, the prosecution case that the applicant raped and impregnated the victim is not supported by the D.N.A. Analysis report submitted by the Forensic Science Laboratories, Gorakhpur, U.P., coupled with the fact that the applicant has no criminal history and he is in jail since 19.08.2022, 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 Maroof S/o Farooq be released on bail in the aforesaid Case Crime No. 45 of 2022, under sections 376, 504, 506, I.P.C., and section 3/4, Protection of Children from Sexual Offences (POCSO) Act, 2012, section 3(1)(w)(i), 3(2) (v), 3(2)(va), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S. Jarwa, District Balrampur, 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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