Allowed

Affan Alias Shahanshah and Another v. State of U.P. and 3 Others

Allahabad HC25 Nov 2024NABAIL/10356/2024

Case brief

AI extract

What is this about?

Anticipatory bail application allowed regarding charges of criminal intimidation, unlawful assembly causing hurt, and POCSO offences. Court held custodial interrogation unnecessary due to lack of antecedents, enjoining personal bond and standard bail conditions.

What did the court decide?

Enlarged applicants on anticipatory bail in Special Sessions Trial No. 2413 of 2021 on furnishing personal bond of Rs. 50,000/- with two sureties, subject to standard conditions.

Affan Alias Shahanshah and Another Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:185510

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10356 of 2024

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Applicant :- Affan Alias Shahanshah And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

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By means of this application the applicants have sought anticipatory bail in Special Sessions Trial No. 2413 of 2021, under Sections 452, 354kha IPC and Sections-7/8 of POCSO Act, Police Station-Nakur, District-Saharanpur.

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The information of the incident, which is alleged to have taken place on 19.10.2021, was lodged through filing of an application under Section 156 (3) Cr. P. C. after nine days on 28.10.2021, which was treated as complaint case and the applicants were summoned for the charge punishable under Sections 452, 354kha IPC and Sections-7/8 of POCSO Act. Learned counsel for the applicants submits that the present case is an offshoot of a case got registered by the father of the applicant no. 1 against the prosecution side under Sections-504, 323 and 307 IPC with regard to an incident alleged to have taken place on 19.10.2021 in which applicant no. 1 sustained grievous injuries. The custodial interrogation of the applicants are not required in this very case. The applicants have no criminal antecedents. Hence, the applicants are entitled for anticipatory bail.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicants Affan Alias Shahanshah and Nishant involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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(i) the applicants shall make themselves available on each and every date fixed in the matter by the court concerned;

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(ii) the applicants 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;

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(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands allowed.

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(Ashutosh Srivastava,J.)

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Order Date :- 26.11.2024

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Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad

Affan Alias Shahanshah and Another v. State of U.P. and 3 Others

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Affan Alias Shahanshah and Another v. State of U.P. and 3 Others

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