Allowed

Rahisu v. State of U.P. and 3 Others

Allahabad HC21 Apr 2023BAIL/10652/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10652 of 2023, the Court granted bail to the applicant Rahisu accused under IPC and POCSO. The Court allowed the application based on the facts and circumstances without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail with a personal bond and two heavy sureties, including one family member, subject to specific conditions.

Rahisu Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10652 of 2023

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Applicant :- Rahisu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Mohammad Belal, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.07 of 2023, under Sections 354, 354-A, 354-D, 452, 506 I.P.C. and Section 7/8 of POCSO Act, P.S. Muradnagar, District Ghaziabad.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. Learned counsel for the applicant has drawn the attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C. a copy of which has been annexed as annexure-4 to the affidavit accompanying this bail application wherein the allegation of molestation has been levelled against the applicant. Infact some dispute of with regard to throwing of garbage is going on between the parties, which has been dragged into criminal prosecution of the applicant. The applicant has no motive to commit the offence in question. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 5.1.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Rahisu , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by

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intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 21.4.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Rahisu v. State of U.P. and 3 Others

Case brief

What is this about?

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Rahisu v. State of U.P. and 3 Others

Case brief

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