Allowed

Gauri @ Gaurav v. State of U.P.

Allahabad HC3 Apr 2018BAIL/11909/2018

Case brief

AI extract

What is this about?

This judgment grants bail in a criminal appeal under Sections 363, 366, 376 IPC and POCSO Act. The court held that the applicant has made out a case for bail, imposing strict conditions including an undertaking to attend all trial dates and avoid seeking adjournments.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties with strict conditions regarding attendance and no adjournment.

Gauri @ Gaurav Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

¶1

Court No. - 54

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11909 of 2018

¶3

Applicant :- Gauri @ Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard learned counsel for the applicant, learned AGA and perused the record.

¶6

By means of this application, the applicant who is involved in case crime no. 631 of 2017, under Sections 363, 366, 376 IPC & Section 3/4 POCSO Act 2012, P.S. Budhana, District- Muzaffar Nagar is seeking enlargement on bail during the trial.

¶7

Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that as per the FIR version the victim herself has categorically refuted the allegation of rape upon her by the present applicant. The prosecutrix is of 18-20 years of age, a major girl. She has got married with the applicant. There is prior acquaintance with the applicant from last three years. She remained in the company of the applicant for about one month and 22 days. She lived with the applicant according to her own sweet-will. She appears to be a consenting party. It is next submitted that the applicant is in jail since 02.12.2017 has no criminal antecedents except the present one.

¶8

Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

¶10

Let the applicant Gauri @ Gaurav , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY

¶11

ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

¶12

(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.

¶13

(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

¶14

(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.

¶15

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

¶16

However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

¶17

Order Date :- 3.4.2018 Nisha

Gauri @ Gaurav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gauri @ Gaurav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Aslam Vs Sate of U.P.

Somveer Vs State of U.P.

Vijay Kumar @ Mangru Vs State of U.P.

Noor Mohammad Vs State of U.P.

Gangadeen Prajapati Vs State of U.P.

Vinod Vs State of U.P.