Allowed

Ragib and Another v. State of U.P. and 3 Others

Allahabad HC5 Feb 2025BAIL/2711/2025

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Ragib and Rasid in a custody and sexual assault case. The court found that the victim and complainant denied the incident during their examination-in-chief, creating a bleak chance of conviction, and granted bail with specific conditions.

What did the court decide?

Release of applicants Ragib and Rasid on bail by furnishing a personal bond and two sureties each, subject to specified conditions.

Ragib and Another vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:16744

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2711 of 2025 Applicant :- Ragib And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicants and learned A.G.A. for the State.

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2-The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicants, namely, Ragib and Rasid with a prayer to release them on bail in Case Crime No. 437 of 2018, under Sections 363, 366, 376D I.P.C. and Sections 5/6 POCSO Act, Police Station-Kotwali Dehat, DistrictSaharanpur, during the pendency of trial.

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3-As per the prosecution case in brief, complainant who is mother of the victim lodged a first information report on 25.07.2018 with regard to an incident dated 14.03.2018 against the applicants for the offence under Sections 363, 366, 376-D, 342, 504, 506 I.P.C. and Sections 3/4 POCSO Act alleging inter alia that the applicants, by alluring her daughter, kidnapped her and committed rape upon her and have also threatened to face dire consequences.

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4-It is argued by learned counsel for the applicants that though the allegation of rape has been levelled against the applicants in the first information report as well as in the statement under Section 161 and 164 Cr.P.C. of the victim but when the complainant and victim were examined before the trial court as PW-1 and PW-2, they have not supported the prosecution case in their examination-in-chief, hence, at the request of prosecution, they have been declared hostile. On the strength of aforesaid facts, it is further argued that in the light of statement of the complainant and victim recorded before the trial court, there is bleak chance of conviction of the applicants. The applicants have no criminal

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antecedent to their credit and are languishing in jail since 02.12.2024 and in case they are released on bail, they will not misuse the liberty of bail.

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5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicants but could not dispute the factum of the case as argued on behalf of the applicants.

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6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the complainant and victim both have been examined before the trial court and denied the incident, hence, the applicants have made prima-facie case for bail.

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7-Hence, the bail application is hereby allowed.

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8-Let the applicants- Ragib and Rasid be released on bail in the aforesaid case crime number on 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) That the applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 or to any police officer or tamper with the evidence.

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(iii) That after their release, the applicants shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicants on bail.

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9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicants.

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Order Date :- 5.2.2025/Saurabh

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Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad

Ragib and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ragib and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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