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Mohammad Nadeem vs State Of U.P. Thru. Prin. Secy. … on 9 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Neutral Citation No. – 2024:AHC-LKO:2259

Court No. – 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 257 of 2024

Applicant :- Mohammad Nadeem

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And 3 Others

Counsel for Applicant :- Roshan Babu Gupta,Shushil Kr. Sharma

Counsel for Opposite Party :- G.A.

Hon’ble Mohd. Faiz Alam Khan,J.

1. Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary of the case and the opposite party No.2 has been served at their own end. In this regard, a report submitted by the concerned police station has been placed for perusal of this Court and the same is taken on record. However, despite service, no one is present on behalf of the opposite party No.2.

2. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

3. This bail application has been moved by the accused/applicant- Mohammad Nadeem for grant of bail, in Case Crime No. 267/2023, under Sections 147, 323, 504, 354, 427 I.P.C. and 7/8 of POCSO Act, Police Station- Dubagga, District- Lucknow, during trial.

4. Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. A simple case of mar-peet/ scuffle has been turned into a case of sexual assault, however, the necessary ingredients of Section 354 I.P.C. are not attracting even if the statements of the victim/ prosecutrix are taken on its face.

5. It is also submitted that a minor injury of the nature of contusion has been noticed on the person of the victim and she refused to under go any internal medical examination, while the other prosecution witnesses, namely, the parents of the victim/ prosecutrix have stated that there was scuffle/ fight and therefore aggrieved by the scuffle, which has taken place between the applicant and the parents of the prosecutrix, a false case of sexual assault appears to have been made against the applicant. He is in jail in this case since 15.10.2023 and he is not having any criminal history, charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

6. Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the material/evidence available against the applicant, he is not entitled to be released on bail, but could not controvert the other factual submissions made by learned counsel for the applicant.

7. Having heard learned counsel for the parties and having perused the record, it would emerge that the victim in her statements recorded under Sections 161 and 164 Cr.P.C. has only stated about obscene talks made by the applicant and also that, a fight has taken place between her parents and the applicant and it is in this background, it is vehemently submitted on behalf of the applicant and even if the statements of the victim is taken on record, the same will not attract the necessary ingredients of Section 354 I.P.C. Charge-sheet in this case has already been filed. Applicant is in jail in this case since 15.10.2023 without any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions.

8. Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

9. Let the accused/applicant- Mohammad Nadeem involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(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.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

11. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

12. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

Order Date :- 9.1.2024

Gurpreet Singh

 

 

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