Allowed

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

Allahabad HC16 Jun 2023BAIL/21181/2023

Case brief

AI extract

What is this about?

Single-judge criminal court allowed bail to an applicant charged with rape and related offenses under IPC sections 376-D, 452, 506, and POCSO. The court held that the applicant had made out a case for bail without expressing an opinion on the merits. Bail was granted subject to standard conditions.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties in the like amount.

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

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Neutral Citation No. - 2023:AHC:127086

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21181 of 2023

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Applicant :- Irfan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Afshan Shafaut

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 540 of 2022, under Sections 376-D, 452, 506 of IPC and 3, 4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sikandararau, District Hathras with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that incident is said to have taken place on 04.10.2021 while the first information report lodged on 28.09.2022. No plausible explanation has been given for the delay in lodging the F.I.R. It is further submitted that as per the version of F.I.R., the allegation of rape is against the applicant while the victim in her statements recorded under Sections 161 and 164 Cr.P.C. stated that three persons including the applicant committed gang rape on her. It is further submitted that co-accused Allanoor has already been granted bail by this Court vide order dated 03.04.2023 passed in Criminal Misc. Bail Application No. 2658 of 2023. It is further submitted that as per the medical examination report the age of the victim was determined to be 18 years. It is further submitted that applicant is languishing in jail since 30.09.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Irfan in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 16.6.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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