Court allowed bail application for applicant accused under IPC and P.O.C.S.O. Act noting main allegations against co-accused and lack of evidence against applicant.
Applicant released on bail by furnishing personal bond and two sureties subject to conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58663 of 2022
Applicant :- Nausad @ Naushad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Ram Bahadur Singh, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 522 of 2021, under Sections 363, 366-A, 368, 370-A I.P.C. read with 16/17 P.O.C.S.O. Act, 2012, P.S. Badalpur, District Gautam Buddh Nagar during pendency of the trial.
Allegation in the FIR is that minor daughter of informant was enticed away by some unknown person.
Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the F.I.R. and his name has surfaced in the statement of co-accused, namely, Jasvir. Allegation against the applicant is that the applicant and other coaccused arranged marriage of the victim with co-accused Jasvir. The victim, as per medical examination report, is aged about 16 years and the victim in her statement has stated that she got information from Jasvir that the applicant and co-accused had sold her to him (Jasvir). The applicant was not involved in any such incident and there is no evidence against him. He next submitted that co-accused, namely Suneel and Bhupendra, have already been granted bail by the coordinate Bench of this Court. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.The applicant is languishing in jail since 13.01.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the victim is minor and applicant is a member of gang which sell and murder people.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, it is evident that the main allegations have been leveled against co-accused Gudia Bazi and Jasvir and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Nausad @ Naushad, who is involved in the aforesaid case crime, 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 following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.2.2023 Nitin Verma
Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail considering the nature of the offence and the facts of the case.
Whether the applicant has made out a case for bail in light of the provision of Article 21 of the Constitution of India.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherRelied on¶10
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
2 provisions across 2 enactments
Nausad @ Naushad
State Of U.P.
Deepak Verma
Nitin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
