Dr. Saqib Vs State of U.P. Thru. Secy. Deptt. Home U.P. Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:19894

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1898 of 2025

Applicant :- Dr. Saqib Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home U.P. Lko. And 3 Others Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A.,Anurag Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant, learned A.G.A. for the State, Mr. Anurag Singh, learned counsel for complainant/ informant/ opposite party no.2 and perused the record.

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This first bail application has been filed with regard to Case Crime No.318 of 2024 under Sections 74, 351(2), 351(3) BNS, Section 7/8 Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 3(2) (5) a SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015), Police Station Sidhauli, District Sitapur.

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As per contents of FIR, the incident has taken place on 20.11.2024 at about 3:00 P.M. when the applicant allegedly misbehaved with the minor daughter of informant and committed sexual assault upon her. Allegation of videography of the minor daughter has also been alleged.

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It has been submitted that the applicant has been falsely implicated in the charges levelled against him only on account of previous disagreement owing to medical treatment, which was imparted by the applicant to the prosecutrix. It is submitted that medical examination report of the prosecutrix which was conducted twice after the alleged incident does not support the prosecution version. It is submitted that the contents of FIR do not disclose any aspect which would come within the scope of SC/ST Act. The applicant is under incarceration since 23.11.2024 without any previous criminal history.

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Learned counsel for opposite parties has opposed the bail application with the submission that the statement of prosecutrix recorded under Section 183 BNSS clearly corroborates allegations levelled in the FIR.

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Learned counsel for complainant submits that after filing of

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chargesheet, an application under Section 173(6) Cr.P..C. has been filed which is pending consideration.

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Learned counsel for the applicant, however, submits that the aforesaid application has already been disposed of without any direction for further investigation.

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Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation , reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-

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"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."

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"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

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Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage, it appears that although allegations of sexual molestation has been alleged against the applicant but the same do not appear to be corroborated by the medical examination report. The aspect of statement of SHO concerned and the alleged eye witness would be subject matter of evidence during course of trial. The aspect of FIR having been lodged as a measure of retribution cannot be ruled out particularly in view of submission by learned A.G.A. on the basis of instructions that no incriminating evidence was recovered from the mobile phone of applicant. The applicant is under incarceration since 05.12.2024 without any previous criminal history.

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Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.11. Accordingly bail application is allowed .

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Let applicant, Dr. Saqib , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being 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 269 BNS.

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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 84 BNSS 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 209 BNS.

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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 351 BNSS. 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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Order Date :- 8.4.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Dr. Saqib v. State of U.P. Thru. Secy. Deptt. Home U.P. Lko. and 3 Others

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Dr. Saqib v. State of U.P. Thru. Secy. Deptt. Home U.P. Lko. and 3 Others

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