Manjoor Khan v. State of U.P. and 3 Others

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48362 of 2023 Applicant :- Manjoor Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Learned AGA has informed that notice was served to the informant on 21.10.2023.

¶3Heard Mohammad Waseem, learned counsel for the applicant, Sri R.P. Patel, learned A.G.A. for the State and perused the material placed on record.

¶4Applicant seeks bail in Case Crime No.488 of 2023, under Sections 377, 506 I.P.C. & Section 4(2) POCSO Act, Police Station Bhojipura, District Bareilly, during the pendency of trial.

¶5As per prosecution case, the applicant is stated to have committed sodomy with son of the informant on 16.07.2023 at about 10:00 a.m. The son of the informant kept mum as such the said unnatural behaviour was observed by his mother, who took him to doctor on 20.07.2023, whereby the concerned doctor indicated that some unnatural offence has been committed with him.

¶6Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The F.I.R. is delayed by 15 days of the incident and even if the date of information is taken to consideration, then the F.I.R. is delayed by about 11 days as such the said delay has not been explained. He further stated that the injury report observed by the doctor does not indicate any injury on the private part of the victim. The applicant is the neighbour of the victim and as such he has been made an accused on the basis of political rivalry. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 11.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Manjoor Khan who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 9.11.2023 Manoj High Court of Judicature at Allahabad