Allowed

Iqbal v. State of U.P and 3 Others

Allahabad HC7 Feb 2023BAIL/57671/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 57671 of 2022 concerning Case Crime No. 689 of 2022. The applicant, a salesman, was charged with obscene acts involving a minor under IPC Sec. 354 and POCSO Act. The Court allowed bail, noting the allegations were casual and the applicant had no criminal history.

What did the court decide?

Release of Iqbal on bail with a personal bond and two sureties, subject to conditions of appearance and no tampering with evidence or social activity.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57671 of 2022

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Applicant :- Iqbal Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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On 19.12.2022 notice was issued to opposite parties no.2 to 4. As per office report dated 31.1.2023, notice has been served upon opposite parties no.2 to 4.

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In spite of service of notice, none appeared on behalf of opposite party no.4 (the informant).

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Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.

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The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.689 of 2022 under Section 354 IPC and Section 9/10 POCSO Act, Police Station Kasganj, District Kasganj during pendency of the trial.

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FIR of the present case was lodged against the salesman of Paras Garments Shop and as per allegation the salesman of Paras Garments did obscene act with the minor daughter of the informant.

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Learned counsel for the applicant submitted that the entire allegation made against the applicant is totally false and baseless and applicant did not make any sexual assault as alleged. He further submitted that applicant is a salesman and victim along with her mother visited the shop and during the course of purchasing some dispute arose between the applicant and mother of the victim and due to this reason applicant was implicated in the present matter by the mother of victim.

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He further submits that on the basis of very casual allegation

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applicant was implicated in the present matter and he is not having any criminal history and he is in jail in the present matter since 27.10.2022.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that the allegations levelleed against the applicant are casual one and he is a salesman in the garment shop.

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I have heard learned counsel for the parties and perused the record of the case.

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Although there is allegation against the applicant that under the pretext to check the fitness of the garment, applicant who is salesman in a shop did some obscene act with the minor daughter of informant but the allegation appears to be casual one and applicant is not having any criminal history and he is in jail since 27.10.2022 therefore, in my view, applicant is entitled to be released on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Iqbal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-

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social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 7.2.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Iqbal v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

Iqbal 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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