Allowed

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

Allahabad HC31 Oct 2023BAIL/43529/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the under-trial applicant charged with abduction and sexual assault. Despite serious allegations, the court relied on the lack of opposition from the informant, jail overcrowding, and the right to speedy trial, allowing bail with strict conditions and directing a trial conclusion within one year.

What did the court decide?

Release on bail with personal bond and two sureties, conditional upon verification of identity, undertaking against adjournments, and strict adherence to court appearances, directing trial conclusion

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

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Neutral Citation No. - 2023:AHC:209162

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43529 of 2023

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Applicant :- Arbaj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Azm Sayeed Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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Learned A.G.A. informed that notice has been served on the informant, but no one has appeared on his behalf to oppose the bail application.

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There are allegations against the applicant of abduction of minor girl with intent to marry, commission of offences of rape and penetrative sexual assault.

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Counsel for the applicant submits that as per ossification test report of victim she is aged about 17 years. Given margin of one year on the higher side, she can be considered to be a major. The victim as per her statement under section 164 Cr.P.C. is clearly consenting party. She has not made any allegation of abduction or rape against the applicant. He has been falsely implicated in this case. Applicant is in jail since 08.04.2023 and has no criminal history to his credits.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in

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jails over and above their capacity by the under trials and 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, Arbaj , involved in Case Crime No. 257 of 2023, under Sections 363, 366, 376 IPC, and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Quarsi, District Aligarh, 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) 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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(v) 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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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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

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Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year.

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Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within ten days.

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Order Date :- 31.10.2023 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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