Allowed

Mohd. Abdul Rab v. State of U.P.

Allahabad HC18 Jan 2023BAIL/53817/2022

Case brief

AI extract

What is this about?

Hearing a bail application under Section 439 Cr.P.C. without analyzing the merits of the false implication claim, the High Court is of the opinion that the petitioner is entitled to bail, releasing him on personal bond and two sureties.

What did the court decide?

Released on bail on personal bond and two sureties each in like amount, subject to appearing in court and not tampering with evidence.

Mohd. Abdul Rab Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53817 of 2022

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Applicant :- Mohd. Abdul Rab Opposite Party :- State of U.P. Counsel for Applicant :- Shamsul Islam Siddiqui,Raj Kiran Chaudhary

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.

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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. 224 of 2022, under Sections 363, 370(5) I.P.C. and Section 79 of Juvenile Justice (Care and Protection of Children) Act 2015, Police Station- G.R.P., District- Allahabad during the pendency of trial.

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It is contended that the applicant has been falsely implicated in the instant case. The applicant is a teacher at Madrsa (School) Zamiadar-E- Akram, Fatehpur. The minor children recovered are the students of the said Madrsa. It is next contended that the co-accused, Mohd. Wasil, who was arrested along with the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No. 50006 of 2022 vide order dated 09.12.2022. The applicant claims parity. The applicant has no criminal history to his credit. The applicant is in jail since 23.07.2022 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has 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 but without commenting on 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- Mohd. Abdul Rab involved in 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 :- 18.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Mohd. Abdul Rab v. State of U.P.

Case brief

What is this about?

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Mohd. Abdul Rab v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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