Allahabad High Court
Mohd. Saif Siddiqui S/O Amir Hasan vs State Of U.P. Thru. Prin. Secy. ... on 20 July, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4545 of 2022
Applicant :- Mohd. Saif Siddiqui S/O Amir Hasan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others
Counsel for Applicant :- Ram Ujagir Verma,Sachin Verma
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 60 of 2022, under Sections-363, 366, 376, 328 I.P.C. & 3/4 of POCSO Act, Police Station-Tanda, District-Ambedkar Nagar.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case. Submission is that the applicant has not committed the crime, as indicated in the FIR. It is stated that a bare perusal of the FIR would show that the FIR in issue was lodged based upon the statement of the daughter of the informant and as per allegation levelled in the FIR, the applicant enticed away the victim and committed the crime (rape). The story is completely concocted as would appear from the statement of the victim recorded under Section 161 CrPC according to which the victim was having affair with the applicant, who at relevant time, was about 21 year old. At this juncture, it is also stated that the victim presented herself before the applicant as major and from physical appearance she appears to be major. It is next stated that in the next part of this statement the victim supported the story of the prosecution. However, it further transpires from the statement that physical relations were established with the consent of the victim. In the same terms, the victim stated before the Court concerned as would appear from the copy of the statement recorded under Section 164 CrPC annexed as Annexure No.4 to the bail application. This part of the statement of the victim, which is in respect of case of the prosecution, appears to be under pressure and tutored one. He further submitted that the age of the victim, as per records available with the prosecution at relevant time was 17 year, 17 days. The age of the victim indicated by the prosecution is doubtful and the same is subject to the evidence adduced by the parties before the Trial Court and at this stage of the bail, the benefit of the judgment in regard to the issue of determination of age is liable to be extended in favour of the applicant particularly taking note of the fact that the victim herself has stated that she was in contact with the applicant for more than one year. In this regard, reliance has been placed on the judgment dated 03.08.2018 passed by this Court in HABEAS CORPUS No. 21284 of 2018 (Deepa through her next friend Mithun v. State of U.P. and others).
It is also submitted that 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 of bail and the applicant is in jail since 24.02.2022.
Learned A.G.A. opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the statement(s) recorded under Sections 161 and 164 CrPC as also the judgment on the issue of determination of age and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Mohd. Saif Siddiqui S/O Amir Hasan be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 20.7.2022
Vinay/-
