Allowed

Udal Singh v. State of U.P.

Allahabad HC13 Apr 2018BAIL/13136/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused of kidnapping, abduction, rape, and child sexual offences, observing that he had no criminal antecedents and the victim's statements appeared altered post-recovery.

What did the court decide?

Application for bail allowed; applicant released on personal bond and two sureties with conditions against adjournments and absence from trial dates.

Udal Singh Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13136 of 2018 Applicant :- Udal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Subhash Chand Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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

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By means of this application, the applicant who is involved in case crime no. 400 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Jasrana, District Firozabad is seeking enlargement on bail during the trial.

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Submission made by the counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that a highly belated FIR (22 days) was lodged by the father of the victim under Sections 363 and 366 IPC. The girl was ultimately recovered on 01.08.2017. As per radiological report her age is around 18 years. In 161 Cr.P.C. and 164 Cr.P.C. statements she states that both of them were married and remained at Delhi for a considerable period without any objection. She was taken away from Firozabad to Sikohabad and then Delhi. There was no alarm or straggle come out from the victim. It is only after coming in to the custody of her parents she change the colour of the incident. Moreover, the learned counsel for the applicant has drawn the attention of the Court towards a marriage agreement signed between the parties dated 10.08.2017, it is mentioned therein that they were remained as husband and wife. The applicant is in jail since 24.10.2017, having no criminal antecedents to his credit.

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

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learned counsel for the applicant.

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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.

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Let the applicant Udal Singh, involved in case crime no. 400 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Jasrana, District Firozabad be released on bail 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:-

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY 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.

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

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS 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, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(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 HIM IN ACCORDANCE WITH LAW.

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(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.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.

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Order Date :- 13.4.2018 VKG

Udal Singh v. State of U.P.

Case brief

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Udal Singh v. State of U.P.

Case brief

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