Allowed

Sufiyan Malik v. State of U.P. and 3 Others

Allahabad HC10 Aug 2023BAIL/25561/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a case involving offences under IPC and POCSO. The court noted the case was triable by a Magistrate, the applicant had no prior record, and relied on undertakings to ensure his presence in court and prevent misuse of bail.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to strict undertakings regarding court appearances and property management.

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

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Neutral Citation No. - 2023:AHC:162584

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25561 of 2023

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Applicant :- Sufiyan Malik Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Supplementary affidavit filed today in the Court, is taken on record.

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Heard Sri Manvendra Singh, Advocate, holding brief of Sri Amit Kumar Verma, learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application for bail has been filed seeking bail in Case Crime No.304 of 2020, under sections 354-Ka, 354-Gha, 504, 506, IPC, read with section 11/12, of Protection of Children From Sexual Offence Act, Police Station Sonaha, District Basti.

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As per office report dated 10.07.2023 notice was served upon opposite party no.2 through her husband Prahlad, however, none appears to oppose this application on her behalf.

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Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motives. It is submitted that present FIR was registered on

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the basis of application under section 156(3) Cr.P.C. moved by the informant. Victim was living with her maternal Aunt, who have inimical relationship with present applicant, therefore, he has been

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falsely implicated in the present case and case is triable by

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Magistrate. Applicant and victim were friends and were in contacts with each other on phone. The C.D.R. of the case is also annexed with affidavit filed in support of bail application. It is submitted that applicant is student and is preparing for competition. The applicant has no criminal history apart from this case, as mentioned in para-26 of the affidavit filed in support of bail application. The applicant is languishing in jail since 18.05.2023 having no criminal history and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the above mentioned facts. Considering the facts and circumstances of the case and taking into account that present FIR was registered on the basis of application under section 156(3) Cr.P.C. moved by the informant, case is triable by Magistrate, applicant is student and is preparing for competition, applicant has no criminal history apart from this case, as mentioned in para-26 of the affidavit filed in support of bail application, applicant is languishing in jail since 18.05.2023 and undertakes that in case is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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Let applicant Sufiyan Malik be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 10.8.2023 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Sufiyan Malik v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sufiyan Malik 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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