Allowed

Khushi Mohammad @ Manu Saifi v. State of U.P. and 3 Others

Allahabad HC9 May 2023BAIL/56985/2022

Case brief

AI extract

What is this about?

Single bench bail application allowed. Applicant challenging discharging of summons granted bail. Court relied onSection 164 statement showing victim did not level allegations against him. Victim's radiological age reported as 17 years establishing capacity. Relief granted with conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties with conditions including cooperation with trial, non-interference with evidence, and avoidance of criminal activity.

Khushi Mohammad @ Manu Saifi Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:98911

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56985 of 2022

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Applicant :- Khushi Mohammad @ Manu Saif Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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As per ofÏce report dated 13.01.2023, despite service of notice upon opposite party no. 2/informant, no one has put in appearance on his behalf.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.

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By means of this application under Section 439 of Cr.P.C., applicant Khushi Mohammad @ Manu Saif, who is involved in Case Crime No. 308 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, police station Kadar Chowk, district Budaun, seeks enlargement on bail during the pendency of trial.

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As per prosecution case, in brief, informant, who is brother of the victim, lodged a frst information report on 16.08.2022 against the applicant with the allegation inter alia that on 15.08.2022, his sister has been enticed away by the applicant.

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It is argued by learned counsel for the applicant that the victim is major but as per ossifcation test report, she is aged about 17 years. Referring the statement under Section 164 Cr.P.C. of the victim, it is argued that she has not made any allegation against the applicant, therefore, the applicant, who is languishing in jail since 21.09.2022, may be enlarged on bail.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that as per educational documents of the victim, she was minor aged about 16 years, 07 months and 14 days on the date of incident.

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Having heard learned counsel for the parties and examined the matter in its entirety, I fnd that radiological age of the victim is about 17 years, therefore, she was capable to understand the signifcance of the morality of her act. The victim in her statement under Section 164 Cr.P.C. has stated inter alia that on account of scolding her by her family members, she herself left her house and had gone to Budaun and from there, she had gone to Delhi. One day, she stayed at bus stand but on next date, she had come back to Budaun by bus. On the way, she was apprehended by the police. In the light of the statement under Section 164 Cr.P.C. of the victim, no allegation has been levelled by her against the applicant, therefore, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application of the applicant is hereby allowed .

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Let the applicant Khushi Mohammad @ Manu Saif , 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 concerned with the following conditions, which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verifed by court concerned.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.

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Order Date :- 9.5.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Khushi Mohammad @ Manu Saifi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Khushi Mohammad @ Manu Saifi 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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