Allowed

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

Allahabad HC8 May 2023BAIL/6457/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of a petitioner accused of rape and other offences under IPC and POCSO. Noting the victim's stated age of 18 versus the FIR's age of 12 and her statement suggesting consent, the court found a prima facie case for bail and granted release on personal bond and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions of cooperation, no inducement, and no criminal activity.

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

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Neutral Citation No. - 2023:AHC:97846

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6457 of 2023

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Applicant :- Ibrahim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Pathik Counsel for Opposite Party :- G.A.,Manoj Pandey

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant.

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By means of this application under Section 439 of Cr.P.C., applicant Ibrahim, who is involved in Case Crime No. 110 of 2022, under Sections 376, 452, 328, 506 IPC and Section 5L/6 POCSO Act, police station Bhojpur, district Moradabad, seeks enlargement on bail during the pendency of trial.

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As per prosecution case, in brief, informant, who is mother of the victim, lodged a first information report on 11.04.2022 against present applicant Ibrahim, Nazim, Amir Baksh and one unknown person making allegation inter alia that the accusedapplicant Ibrahim used to come at her house by jumping her wall for almost six months and also used to give intoxicated pills to her daughter, who used to put them in tea whereby we used to sleep then he used to commit rape on her daughter. On 10.04.2022 at about 01:30 o'clock, he barged into her house by jumping the wall and started committing rape on her daughter. On shrieks of her daughter, her father-inlaw Nanhe Hazi woke up and they caught hold him. They tried to tie him then accused's brother Nazim, father Amir Baksh and their wives came at the spot and snatched away Ibrahim and also threatened to kill her daughter aged about 12 years.

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Main substratum of argument of learned counsel for the applicant is that as per ossification test report dated 09.10.2022 of the victim, she is aged about 18

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years and as per her statement under Section 164 Cr.P.C., she was consenting party with the applicant but the applicant has been falsely implicated in this case. The applicant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 19.04.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

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Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant but do not dispute that the victim was consenting party with the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that though in the F.I.R., age of the victim has been mentioned as 12 years but her radiological age as noted above is about 18 years. The victim in her statement under Section 164 Cr.P.C. has stated inter alia that the applicant was known to her for the last six months and they used to talk with each other. The applicant used to come at 08:00 P.M. and also used to provide intoxicated pills to her. Thereafter, the victim used to mix the said intoxicated pills in tea and give to her mother and grandmother. After that both used to go to the room together but one day, he was caught hold by her family members. In the medical examination of the victim, her hymen was found old, torn and healed. From the statement of the victim, possibility of the victim being consenting party with the applicant cannot be ruled out, therefore, this Court is of the opinion that the applicant has made out a prima facie case for bail. Hence, the bail application of the applicant is hereby allowed .

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Let the applicant Ibrahim , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like

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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 verified 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 :- 8.5.2023 Shubham

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

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

Case brief

What is this about?

What did the court decide?

Ibrahim 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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