Allowed

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

Allahabad HC10 Aug 2023BAIL/35356/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Ekman in a criminal prosecution involving IPC sections and POCSO. The court observed the applicant had no history, the trial is not concluding early, and no risk of tampering was shown.

What did the court decide?

Released on bail by furnishing personal bond and two sureties, subject to appearing on trial dates and not tampering with evidence or pressuring witnesses.

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

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Neutral Citation No. - 2023:AHC:162000

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35356 of 2023

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Applicant :- Ekman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.,Irshad Ahmad

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Irshad Ahmad, learned counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent as well as perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 293 of 2022, under Sections 147, 323, 363, 384, 506, 377 IPC, Section 3/4 POCSO Act and Section 10/11 of Prohibition of Child Marriage Act, Police Station Dilari, District Moradabad, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier, the sister of the applicant lodged an FIR against the informant and the victim registered as Case Crime No. 278 of 2022, under Sections 498A, 323, 354, 376 IPC and Section 3/4 D.P.Act, Police Station Dilari, District Moradabad. Only to create pressure, the instant FIR has been lodged against 16 persons including the applicant. In the first information report, a vague and general role has been assigned to the applicant. There are contradictions in the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. The victim in her statement under Section 164 Cr.P.C. narrated an exaggerated version to aggravate the offence and save the failing prosecution case. The said contradictions discredits the prosecution case. The applicant did not act inappropriately with the victim. The applicant is in jail since 12.06.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that

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the applicant has remained confined for almost one month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Ekman involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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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Order Date :- 10.8.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Ekman 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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