Allahabad High Court
Saddam Khan vs State Of U.P. Thru. Prin. Secy. Home ... on 24 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 211 of 2023 Applicant :- Saddam Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Lko. And 3 Others Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Gyanendra Pathak, the learned counsel for the applicant as well as Sri Manish Kumar Pandey, the learned A.G.A.-I for the State and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0525 of 2022, under Sections 363, 328, 376, 511 I.P.C. and Section 7/8 of Protection of Children form Sexual Offences Act, registered at Police Station Ramgaon, District Bahraich.
3. The aforesaid case has been registered on the basis of F.I.R. lodged on 30.09.2022 against the applicant, his father, mother and an unknown person, alleging that the applicant had enticed away the informant's minor daughter on 09.09.2022.
4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that her parents had beaten her and they had beaten the applicant also and they had sent both of them to the house of the applicant.
5. The statement of the victim recorded under Section 164 Cr.P.C., was completely at variance with her earlier statement.
6. A supplementary affidavit has been filed in support of the bail application annexing therewith the statement of the informant and that of her daughter recorded by the trial court. Both of them were declared to be hostile and nothing adverse to the applicant came to light even in their cross-examination.
7. The learned A.G.A has opposed the prayer of bail, but could not dispute the aforesaid aspects of the matter.
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant and the alleged victim have not supported the allegations against the applicant and their statement recorded before the trial and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
9. Accordingly, this bail application stands allowed.
10. Let the applicant- Saddam Khan be released on bail in Case Crime No. 0525 of 2022, under Sections 363, 328, 376, 511 I.P.C. and Section 7/8 of Protection of Children form Sexual Offences Act, registered at Police Station Ramgaon, District Bahraich, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
(Subhash Vidyarthi,J.) Order Date :- 24.4.2023 Preeti.