Allowed

Salman v. State of U.P. Thru. Secy. Home Lko. and 3 Othes

Allahabad HC4 Apr 2024/8023/2023

Case brief

AI extract

What is this about?

Court granted bail to the applicant in a case under POCSO and IPC sections involving molestation and abetment of suicide, subject to furnishing sureties and strict adherence to attendance conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond with two reliable sureties each in the like amount, subject to strict attendance and conduct conditions.

Salman Vs State of U.P. Thru. Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28196

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8023 of 2023

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Applicant :- Salman Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Othes Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime No. 0126 of 2023 Under Sections 305, 354 (Ka), 323, 506 I.P.C. and under Section 7/8 POCSO Act, P.S. Mohammadpur Khala, District Barabanki.

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The submission of the learned counsel for the applicant is that as per the version of the FIR, the complainant stated that his daughter went out of the house at 08:00 PM in the evening for natural calls and on the way, the applicant molested and threatened the victim to not discuss it anywhere else he will kill her and on being threatened the victim (daughter of the complainant) drank the insecticide kept in the house in the next morning.

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The learned counsel for the applicant submits that the FIR has been lodged due to a civil dispute already going on between the parties and the applicant has been falsely implicated in the present so also there is no eye-witness of the said occurrence and the applicant has no criminal history and he has been languishing in Jail since 06.04.2023.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence

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or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Salman involved in Case Crime No. 0126 of 2023 Under Sections 305, 354 (Ka), 323, 506 I.P.C. and under Section 7/8 POCSO Act, P.S. Mohammadpur Khala, District Barabankibe released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 4.4.2024 Asheesh

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

Salman v. State of U.P. Thru. Secy. Home Lko. and 3 Othes

Case brief

What is this about?

What did the court decide?

Salman v. State of U.P. Thru. Secy. Home Lko. and 3 Othes

Case brief

What is this about?

What did the court decide?

What the court decided

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