Allahabad High Court
Husain 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:112943 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14469 of 2023 Applicant :- Husain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.,Raj Kishore Dubey Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant-accused, learned counsel for the informant, learned A.G.A. for the State and perused the record. .
2. The present bail application has been filed by the applicant-accused in case crime No.280 of 2022, under Sections 363, 366, 376 IPC and section 5/4 POCSO Act, police station Phase-3 Noida, District Gautam Buddha Nagar with the prayer to enlarge the applicant on bail.
3. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has not committed any offence. The informant has lodged first information report of this case on 03.06.2022, alleging that her daughter has been enticed away by some unknown person. It was submitted that in her statement under Section 161 Cr.P.C., victim has stated that she was having a love affair with applicant since last 7-8 months and on 01.06.2022 she has called the applicant and went to Himachal Pradesh and physical relations were also established with her consent. She has also stated that she has performed 'Nikah' with applicant-accused. In her statement under Section 164 Cr.P.C., she has stated that she herself has left her home and called the applicant and went with applicant to Himachal Pradesh and that there is no fault of applicant. It was submitted that in her statement under Section 164 Cr.P.C., there is no allegation of rape or of physical relations with applicant. As per school record, the age of victim has been shown 17 years but her ossification test has not been conducted. Referring to the facts of the matter, it was submitted that her age has been shown less in school record and in fact she is a major girl. Lastly, it has been submitted that the applicant-accused is languishing in jail since 01.07.2022, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that as per school record the victim is a minor girl and thus, her consent is immaterial.
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-accused Husain involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant-accused shall not tamper with the evidence during the trial.
(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.
(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant-accused 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-accused 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-accused in accordance with law.
Order Date :- 23.5.2023 Neeraj