Allowed

Sahibey Alam v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC23 Feb 2024/227/2023

Case brief

AI extract

What is this about?

This Criminal Bail Application allowed the release of the applicant, Sahibey Alam, who was accused of rape and POCSO offenses. The court granted bail based on parity with a co-accused already released and the applicant's lack of criminal history.

What did the court decide?

Released on bail with a personal bond and two sureties of Rs.20,000/- each. Conditions attached to attend hearings and not tamper with evidence.

Sahibey Alam Vs State of U.P. Thru. Addl… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16944

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 227 of 2023

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Applicant :- Sahibey Alam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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No one appears for the respondent no.2 despite service of notice.

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The accused-applicant seeks bail in Case Crime No.333 of 2022 under sections 376, 328, 506, 120-B IPC and section 5-J (ii)/6 Prevention of Children from Sexual Offences Act, Police Station Gangaghat, District Unnao.

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It is argued that on the similar ground, one of the co accused Smt. Annu has been enlarged by this Court vide order dated 2.1.2.204 and while granting the bail, this Court had observed in paragraph 4 of of the order dated 2.1.2024 that the main allegations were against Gulfam. Hence, the applicant who is languishing in jail since 13.7.2022 having no criminal history, may be enlarged on bail on the ground of parity.

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Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.

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Considering the reasonings given in the bail order of the co accused Smt. Annu, coupled with the fact that the main allegations were against the co accused Gulfam and the fact that the F.I.R. was lodged after about seven months of the alleged incident particularly the fact that the applicant is languishing in custody since 13.7.2022 having no criminal antecedents, the applicant is entitled to be enlarged on bail.

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Thus the bail application is allowed.

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Let the applicant Sahibey Alam be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- each of the like amount to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 23.2.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Sahibey Alam v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sahibey Alam v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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