Dismissed

Dr Fatima Jehra v. State of U.P. and Another

Allahabad HC3 Sept 2024BAILC/288/2024

Case brief

AI extract

What is this about?

The High Court dismissed the bail cancellation application filed by the informant. The court held that while there were contradictions in the victim's statements under Sections 161 and 164 Cr.P.C., the lower court had rightly considered these while granting bail. The court emphasized that cancelling bail requires very cogent and overwhelming reasons, which were absent here.

What the court decided

AI extract

Dr Fatima Jehra vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:177790

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 288 of 2024

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Applicant :- Dr Fatima Jehra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Asad Ahmad, learned counsel for the applicant and Shri Santosh Nigam, learned A.G.A. for the State-respondent.

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The instant bail cancellation application has been filed seeking cancellation of the bail granting order of opposite party no.2 dated 30.05.2024 passed by Additional District and Sessions Judge/Special Judge (POCSO Act), Aligarh in Case Crime No.180 of 2024, under Sections 323, 504, 506, 376 IPC & Sections 3/4 POCSO Act, Police Station Civil Lines, District Aligarh, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that applicant is the informant of the case and he has filed the instant bail cancellation application on the ground that court concerned wrongly granted bail to opposite party no.2.

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He further submits that however, victim in her statement recorded under Section 161 Cr.P.C. did not state that opposite party no.2 committed rape upon her but in her statement recorded under Section 164 Cr.P.C., she stated that opposite party no.2 committed rape upon her and therefore, it cannot be said that opposite party no.2 did not commit rape upon her and therefore, considering this fact bail granted to opposite party no.2 should be cancelled.

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Learned A.G.A. also submits that victim in her statement

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recorded under Section 164 Cr.P.C. stated that opposite party no.2 committed rape upon her but could not dispute the fact that victim in her statement recorded under Section 161 Cr.P.C. did not state that opposite party no.2 committed rape upon her and after considering this contradiction court concerned granted bail to opposite party no.2

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

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This is the bail cancellation application filed by the applicant on the ground that victim in her statement recorded under Section 164 Cr.P.C. stated that opposite party no.2 committed rape upon her and she is also minor and inspite of that court concerned granted bail to him but from the record, it reflects that victim in her statement recorded under Section 161 Cr.P.C. did not state that opposite party no.2 committed rape upon her and, therefore, there are material contradictions in her both the statements recorded during investigation and after considering this fact court concerned after relying some legal authorities granted bail to opposite party no.2, therefore, I don't find any illegality in the bail granting order passed by the court concerned.

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Further, law is settled that it is easy to reject a bail application but it is very difficult to cancel a bail already granted and for cancellation of bail, very cogent and overwhelming reasons are necessary, which in my considered view is missing in the present matter.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, the instant bail cancellation application is devoid of merit and is accordingly dismissed .

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Order Date :- 12.11.2024 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Dr Fatima Jehra v. State of U.P. and Another

Case brief

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What the court decided

Dr Fatima Jehra v. State of U.P. and Another

Case brief

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What the court decided

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