Allowed

Maulana Kasim v. State of U.P. and 3 Others

Allahabad HC25 Jan 2023BAIL/55311/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Court allowed the release of the applicant, Maulana Kasim, who was accused of offenses including IPC 377, 384, and POCSO. The Court observed the lack of disputed merits on record and granted bail with personal and surety bonds.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions to appear in court, not tamper with evidence, and not pressurize witnesses.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55311 of 2022

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Applicant :- Maulana Kasim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Mohammad Sakir

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri V.S. Rajbhar, learned A.G.A. for the State-opposite party, and Mohd. Sakir, learned counsel for the informant.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 285 of 2022, under Sections 377, 384 I.P.C. and 5F/6 of the Prevention of Children from Sexual Offences Act, Police Station Bhojpur, District Moradabad during the pendency of the trial.

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It is contended that the applicant has been falsely implicated in the instant case owing to other dispute between the parties. The applicant did not act inappropriately with the victim. The Investigating Officer has not recovered any video footage of the alleged incident. The informant himself has submitted an application to the Circle Officer concerned that he himself has not seen the video film and at the behest of other persons the name of the Adil and Sarfaraj was transcribed in the first information report. It is next contended that as per the statement of the Doctor, no external or internal injury was seen. The applicant is in jail since 02.09.2022 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. 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- Maulana Kasim, 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 Court concerned subject to the conditions that he:

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shall appear on the date fixed by the trial court;

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shall not tamper with the prosecution evidence; and,

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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 :- 25.1.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Maulana Kasim v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Maulana Kasim 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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