Allahabad High Court
Mohammad Farookh Ahmad vs State Of U.P. And Another on 14 June, 2021
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22059 of 2021 Applicant :- Mohammad Farookh Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
This case has been filed as e-court case.
Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Initially the case was registered for offences under Sections 323, 376 IPC and 3/4 POCSO Act and applicant was granted bail under Section 323, 376 IPC and Section 3/4 POCSO Act in this very case vide order dated 24.03.2021, passed in Criminal Misc. Bail Application No. 3552 of 2021. Learned counsel has submitted that after grant of bail, Section 376 (2)(N) IPC has been added in the charge-sheet and hence this second bail application has been moved on behalf of applicant. It was submitted that factual position of the case is same as was at the time of hearing of first bail application of applicant and there is no change in facts and circumstances of the case and thus, the applicant is entitled for bail under the newly added Section 376 (2)(N) IPC. It was submitted that in her statement under Section 164 Cr.P.C., victim girl has admitted that she has married with applicant but applicant was making demand of cash and one vehicle and threatening to divorce her and thus, it was a case of matrimonial dispute. It has been further argued that the applicant is languishing in jail since 25.10.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail however, the above stated factual position could not be disputed.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mohammad Farookh Ahmad involved in Case Crime No. 481 of 2020, under Section 376(2)(N) of IPC and 3/4 POCSO Act, P.S. Khuldabad, District Prayagraj, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the trial Court shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 14.6.2021/A. Tripathi