Allowed

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

Allahabad HC27 Apr 2023BAIL/480/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 480 of 2023, the Allahabad High Court granted bail to the applicant accused under IPC and POCSO Act provisions, directing release on a personal bond and two heavy sureties subject to specific conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two heavy sureties each in the like amount.

Haroon Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 480 of 2023

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Applicant :- Haroon Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramesh Pundir,Alok Kumar Singh,Sunil Vashisth Counsel for Opposite Party :- G.A.,Brijesh Kumar Gautam

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Hon'ble Dr. Gautam Chowdhary,J.

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List has been revised.

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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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Applicant seeks bail in Case Crime No.864 of 2022, under Sections 363, 376 (3), 328, 120-B I.P.C. and Section 3/4 (2) POCSO Act and Section 3 (2) (5) of SC/ST Act, Police Station Hapur Nagar, District Hapur, during the pendency of trial.

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As per prosecution story, the co-accused persons, namely, Anjali and applicant are stated to have enticed away the minor daughter of the informant on 30.09.2022 on a bike. It is also alleged in the FIR that in the said conspiracy, the co-accused Subash who happens to be the lover of co-accused person Anjali is also involved as he was standing there and both of them have gone into deep fields. The applicant is said to have sexually assaulted the daughter of the informant.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. No role of sexual assault has been assigned to the applicant in the FIR. The same version has been reiterated by the victim in her statement before the doctor and the Investigating Officer. Learned counsel has further stated that later on in the statement of the victim recorded under Section 164 Cr.P.C., the applicant has also been assigned the role of sexually assaulting the victim. Learned counsel has further stated that the co-accused person Anjali has already been enlarged on bail who has been assigned the role of enticing away the victim. He next argued that similarly situated coaccused Subhash has already been enlarged on bail by coordinate Bench of this Court vide order dated 13.02.2023 passed in Criminal Misc. Bail Application No. 6317 of 2023, copy of which order has been produced before this Court and is taken on record. Several other submissions have been made on

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behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 10.10.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant had given the said cold drink which rendered the victim semi-conscious.

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The case of the applicant is at a different footing the coaccused person Ankit @ Haroon.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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- Haroon involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court

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concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 27.4.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Haroon 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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