Allowed

Gaigy Begam v. State of U.P. and 3 Others

Allahabad HC12 Apr 2023BAIL/14069/2023

Case brief

AI extract

What is this about?

Held that the applicant, the mother of the main accused, is entitled to bail in an enticement case under POCSO/IPC as she has no direct role in the crime, victim's statement implicates only the son, and she has no criminal history while languishing in jail.

What did the court decide?

Grant of bail to the applicant on furnishing a personal bond and two heavy sureties subject to standard conditions.

Gaigy Begam Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14069 of 2023

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Applicant :- Gaigy Begam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned A.G.A., notice has been served to the informant on 22.3.2023.

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Heard learned counsel for the applicant as well as Sri Munne Lal, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 0339 of 2021, under Sections 363, 366, 376, 120B I.P.C. and 3/5(1) Prohibition of Unlawful Conversion of Religion Ordinance 20 (U.P. Ordinance No. 21 of 2020), and 3/4 POCSO Act, Police Station Rasulpur, District Firozabad, during the pendency of trial.

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As per prosecution story, the son of the applicant namely, Bhaiya @ Yashbabu Musalman is said to have enticed away the minor daughter of the informant on 15.8.2021 at about 7.00 am. The applicant and other family members are stated to have helped him in the said work.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. Learned counsel has further stated that the applicant has been made an accused on the basis of her being the mother of the main accused person Bhaiya @ Yashbabu Musalman. Learned counsel has placed much reliance on the statement of the victim recorded under Section 164 Cr.P.C., whereby she has categorically indicated serious allegations against the main accused person Bhaiya @ Yashbabu Musalman, but has not uttered a single word against the applicant, as such, she is entitled for bail.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 1.12.2022. In case, the

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applicant is released on bail, she will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application and has stated that the victim has categorically levelled serious allegations against the son of the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, and taking into consideration the statement of the victim recorded under Section 164 Cr.P.C. and that the case of the applicant stands distinguished with that of the main co-accused person Bhaiya @ Yashbabu Musalman, at this stage, without expressing any opinion on the merits of the case, 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- Gaigy Begam involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are

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accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 12.4.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Gaigy Begam v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gaigy Begam v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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