Disposed

Ibran Khan v. State of U.P. and 3 Others

Allahabad HC4 Sept 2024CRLA/5063/2024

Case brief

AI extract

What is this about?

Appellant convicted by trial court sought bail during pendency of appeal. Court noted no criminal history and remote prospect of early hearing, and released him on bail on personal bond with two sureties, subject to deposit of fine. Appeal admitted and record summoned.

What did the court decide?

Appellant enlarged on bail during pendency of appeal on personal bond and two sureties, subject to deposit of fine; appeal admitted.

Ibran Khan vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5063 of 2024

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Appellant :- Ibran Khan Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Sanjeev Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application u/s 389(1) Cr.P.C

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Heard learned counsel for appellant and learned AGA for the State.

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It is apparent from office report that notices were tried to be served but the same has been denied by one of the family members of opposite party no. 2.

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It has been submitted by learned counsel for the appellant/applicant that the appellant is innocent and has been falsely implicated. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. Appellant is on interim bail. Appellant/applicant has no criminal history to his credit and this fact has been ascertained by learned AGA also. Applicant undertakes not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future, is extremely remote, hence the applicant/appellant is entitled to be released on bail during pendency of appeal.

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Per contra, learned AGA vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Rest of the other grounds taken up while preferring the instant appeal shall be subject to final outcome of the instant appeal but at this juncture, keeping in view the aforesaid facts and circumstances of the case such as no criminal history credited to the appellant/applicant and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that applicant/appellant is entitled to be enlarged on bail during pendency of appeal.

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Let the applicant/appellant - Ibran Khan be enlarged on bail in S.S.T no. 350 of 2017 (Ibran Khan vs. State of U.P) under Sections 294 IPC & 11/12 POCSO Act, Police Station- Kotwali, DistrictGorakhpur (in case crime no. 257/2013) on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to deposition of entire amount of fine, if already not deposited.

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As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on the record of this appeal.

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Order on Appeal

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Admit.

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Summon the trial court record and after receiving the same, let paper book be prepared and thereafter copy of it be served upon learned Government Advocate.

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List in due course for hearing.

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Order Date :- 4.10.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Ibran Khan v. State of U.P. and 3 Others

Case brief

What is this about?

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Ibran Khan v. State of U.P. and 3 Others

Case brief

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