High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47923 of 2021 Applicant :- Farman @ Aslam Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Opposite Party :- G.A.,Ajit Kumar Hon'ble Vikas Budhwar,J.
Legal Reasoning
as Sri Heard Sri Sanjay Pathak, learned counsel for the applicant as well for complainant/informant and Sri Avneesh Kumar Shukla, learned A.G.A. who appears for the State of U.P. learned counsel Kumar, Ajit This bail application purported to be under Section 439 of the Cr.P.C. has been filed on behalf of applicant for seeking bail in connection with Case Crime No.946 of 2019 under Sections 363, 366, 354 IPC read with Section 7/8 POCSO Act, Police Station- Quarsi, District- Aligarh. The bail application so preferred by the applicant has been rejected by the court below on 02.02.2021. Learned counsel for the applicant has argued that a first information report has been sought to be lodged by one Sri Jannuddin S/o Nawab Khan before Police Station Quarsi, District Aligarh under Sections 363, 366 I.P.C. On 19.9.2019 at 12:20 hours relatable to the commission of the offence on 17.9.2019 at 14:00 hours against the applicant and two nominated accused with an allegation that the victim who happens to be the daughter of the complaint aged about 14 years was enticed away on 17.9.2019. Learned counsel has drawn attention of this Court towards page 20 of the bail application which happens to be the statement under Section 161 Cr.P.C. so as to contend that the victim has come up with a stand that she was at no point of time encited and she had certain hided conversion with her brother and that is why she left the place in question. Learned counsel for the applicant has further drawn the attention towards page 27 of the bail application which happens to be the statement under Section 164 of Cr.P.C. so as to contend that on 17.10.2019, the applicant encited the victim to took her to Bombay and thereafter tried to outrage the modesty of the victim and thereafter the sister of the applicant who is in police she left her there and the complainant came back. Learned counsel for the applicant thus argued that there are contradictions in the statement recorded under Sections 161 and 164 of Cr.P.C. and further the fact that the story so sought to be propounded in the prosecution is improvable on which nobody could believe and further the fact the modesty of the victim has not been outraged. Learned counsel for the applicant has drawn the attention at para 4 of the bail application so as to contend that the applicant does not possess any criminal history and he is unnecessary languishing in jail since 14.6.2020. Learned A.G.A. for the State has opposed the bail and has argued that the applicant has committed the offence that is why his name stood surfaced in the statement under Section 164 Cr.P.C. and the F.I.R. however, nearly because the modesty of the victim has not been outraged cannot be a factor germane for grant of bail and nearly because the applicant does not possess criminal does it also not a ground to enlarge him on bail. Sri Ajit Kumar, learned counsel for the complaint/informant has adopted the argument of learned A.G.A., however he has additionally argued that the applicant has committed the offence but he could not dispute the fact that modesty of the victim has not been outraged and the applicant does not possess criminal history. Considering the submissions of bail so advanced by the learned counsel for the parties on the question of bail, prima facie this Court finds that this is a fit case for grant of bail as the applicant does not possess the criminal history and the modesty of the victim has not been outraged and he is languishing in jail since 14.06.2020, looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances. Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant Farman @ Aslam involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence. (v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses. Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained. Order Date :- 8.3.2022 CS/- Digitally signed by CHANDAN SINGH Date: 2022.03.10 15:26:57 IST Reason: Location: High Court of Judicature at Allahabad