Allowed

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

Allahabad HC21 Aug 2023BAIL/27505/2022

Case brief

AI extract

What is this about?

Hon'ble Ajay Bhanot and Sufia Saba (J) allowed a bail application under Sections 363, 366, 376, 506 IPC, POCSO, and SC/ST Act. The court found arguments regarding FIR delay, blackmail allegation, victim's age, lack of corroboration, and victim eloping sufficiently unrefuted by the AGA to grant bail with personal bond and sureties.

What did the court decide?

Applicant Gulfam released on bail furnishing personal bond and two sureties with conditions against tampering and interference with trial.

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

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Neutral Citation No. - 2023:AHC:168106

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Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27505 of 2022 Applicant :- Gulfam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Pal,Abdul Majeed,Sufia Saba,Sufia Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 68 of 2022 (Special Sessions Trial No. 548 of 2022) at Police Station Charthawal, District Muzaffarnagar under Section 363, 366, 376, 506 I.P.C., Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) 5 S.C./S.T. Act.

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The bail application of the applicant was rejected by the learned trial court on 10.06.2022.

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The following arguments made by Shri Syed Saifullah, Advocate holding brief of Ms. Sufia Saba, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

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Delay in lodgement of the F.I.R. is fatal to the prosecution case in the facts of this case.

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The F.I.R. is the result of a relationship between the applicant and victim gone awry and was lodged to blackmail the applicant.

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As per the ossification test report, the victim is aged about 18 to 19 years.

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Prosecution has not produced any medical report which corroborates commission rape.

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The applicant was granted interim bail by Co-ordinate Bench of this Court on 20.02.2023 for a period of six months on some conditions. However, the same could not be complied as the victim in the meantime eloped with third person.

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The applicant is a law abiding citizen who cooperated with the police investigations.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Gulfam be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Digitally signed by :- Order Date :- 21.8.2023/Jaswant JASWANT KUMAR High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Gulfam 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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