Allahabad High Court
Aftab Alam vs State Of U.P. And 3 Others on 23 May, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:112854 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19306 of 2023 Applicant :- Aftab Alam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of informant despite service of notice.
2. The present bail application has been filed by the applicant in Case Crime No. 17 of 2023, under Sections 363, 366, 376 IPC and Section 5/6 of POCSO Act, P.S. Shahganj, District Jaunpur, with the prayer to enlarge the applicant on bail
3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The informant has lodged first information report on 22.01.2023, alleging that on 21.01.2023, the applicant has enticed away his minor daughter. In her statement, recorded under Section 161 Cr.P.C., victim has stated that she has gone with applicant with her own free will and they have performed 'Nikah' with each other and that she was not enticed away by the applicant and that physical relations were established with her consent. In her statement under Section 164 Cr.P.C., victim has stated that applicant has taken her on his bike by saying that he would drop her at her school, but he took her to Saraimeer and from there to Delhi and that when her parents called him on phone, he brought her back. She has stated that no physical relations were established between them. Though, as per school record, the age of victim has been shown as 17 years, but as per ossification report, her age has been shown 18 years. Lastly, it was submitted that the applicant is languishing in jail since 24.01.2023, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
6. Let the applicant Aftab Alam involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions:
i. The applicant shall not tamper with the evidence during the trial.
ii. The applicant shall not pressurize/ intimidate the prosecution witness.
iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
iv. 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.
v. 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.
7. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.5.2023 A. Tripathi