Allowed

Gufran v. State of U.P. and 3 Others

Allahabad HC5 Jul 2023BAIL/58164/2022

Case brief

AI extract

What is this about?

The High Court disposed of a bail application filed by Gufran in a case involving enticement, abduction, and alleged offences under IPC and POCSO Acts. Considering the victim's age and circumstances, the court granted bail with personal bond and sureties on specified conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions of appearing in court, not tampering with evidence, and not engaging in criminal activities.

Gufran Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:132870

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58164 of 2022

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Applicant :- Gufran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Surendra Kumar,Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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1 As per office report, notice has been served upon the informant. Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 345 of 2022, under Sections 363, 366, 376, 504, 506 IPC, Section 3/4 POCSO Act and 3(1) (Dha), 3(2)(5) SC/ST Act, Police Station Kaimganj, District Farrukhabad during pendency of the trial.

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FIR of the present case was lodged on 17.09.2022 against applicant under Sections 363, 366 IPC and according to the FIR applicant enticed away the minor daughter of the informant aged about 17 years and in the FIR it is also mentioned that victim has also taken Rs. 36,000/- and golden chain from her house.

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Learned counsel for the applicant submitted that totally on the basis of false allegation applicant has been made accused in the present matter and actually victim of the case is a major girl aged about 18 years and she had gone along with applicant according to her own wish and when she was arrested then under the pressure of her family members she started making allegation against the applicant. He further submits that from the perusal of the statement of the informant it appears that victim used to talk with the applicant. He next submits that applicant is not having any criminal history and in the present matter he is in jail since 20.09.2022.

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Per contra, learned AGA opposed the prayer for bail and

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submitted that from the educational certificate it appears that victim on the date of incident was below 18 years as according to her educational certificate she was around 17 years old. He further submits that victim in her both the statements stated that applicant has forcibly taken her and committed rape with her but he could not dispute the fact that father of the victim admitted that victim used to talk with the applicant and from her both the statements it reflects that she had gone along with applicant up to Delhi but did not raise any alarm.

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

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Although, victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. made allegation against applicant and stated that he forcibly took her and committed rape with her but victim is above 17 years old girl and her father in his statement recorded under Section 161 Cr.P.C. admitted that she used to talk with the applicant and further in the FIR also he mentioned that victim when departed from home along with applicant then she had taken Rs. 36,000/- and golden chain and in the instant bail application applicant has taken a specific plea that both applicant and victim were having close relationship. Further, from the perusal of the both the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. it appears that victim had gone along with applicant up to Delhi and thereafter went to Farrukhabad but in between she did not raise any alarm.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Gufran 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 his 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 him from disclosing such facts to the Court

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or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-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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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Gufran v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gufran v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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