The court allowed the bail application of Akram Mansuri, arrested under POCSO and IPC sections for allegedly misleading victim age and dispossession of property. Relied on Monish judgment to question school records. Fixed conditions imposed.
Released on bail on personal bond and two sureties upon satisfaction of trial court.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51844 of 2022 Applicant :- Akram Mansuri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Azhar Ahmad Counsel for Opposite Party :- G.A.,Anil Kumar Sonker,R.U. Rinki Renu
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 798 of 2022 at Police Station- Sadar Bazar, District- Shahjahanpur under Sections 363, 366, 376(2)-N I.P.C. and Section 5L/6 of POCSO Act. The applicant is in jail since 27.09.2022.
The bail application of the applicant was rejected by the learned trial court on 27.09.2022.
The following arguments made by Shri Azhar Ahmad, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned AGA, Ms. R.U. Rinki Renu, learned counsel appears on behalf of the victim on instructions from the High Court Legal Services Committee as part of free legal aid provided to the victim on the recommendation of CWC from the record, entitle the applicant for grant of bail:
the FIR only to implicate the applicant under the stringent provisions of the POCSO Act and cause his imprisonment.
A. The age of the victim as depicted in the school records was also got falsely recorded by the victim's parents to give her an advantage in life. The school records are not reliable.
B. The medical report drawn up to determine the age of the victim opines that she is between 18 years of age.
history apart from the instant case.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Akram Mansuri 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 24.2.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering allegations of false depiction of victim's age and lack of specific charges FIR.
Whether the applicant can be released on personal bond and sureties.
Colour shows how this judgement treated each authority
Monish Vs. State of U.P. and othersRelied on¶9
Monish Vs. State of U.P. and others (Criminal Misc. Bail Application No. 55026 of 2021)
2 provisions across 2 enactments
Akram Mansuri
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
