Allowed

Pawan Kumar v. State of U.P.

Allahabad HC12 Apr 2018BAIL/13416/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Pawan Kumar, in a criminal appeal involving offences under Sections 363, 366, 376 IPC and POCSO Act. The court found it a fit case for bail and imposed strict conditions to prevent misuse and ensure trial conclusion within a year.

What did the court decide?

The applicant is released on bail on executing a personal bond and furnishing two sureties each, subject to specific conditions regarding trial attendance and forbidding adjournments.

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

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13416 of 2018

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Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Suneel Kumar Mishra 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 for the State and perused the material on record.

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By means of this application, the applicant who is involved in case crime no. 475 of 2017, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Amanpur, District Kasganj is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the FIR was registered by the father of the victim after two days of the incident under Sections 363, 366 IPC. The girl was recovered on 07.12.2017 from bus stand Kasganj. The prosecutrix in her statement under Section 161 and 164 Cr.P.C. consistently states that she went alongwith the applicant to Bahupura and from there Aligarh to New Delhi without any alarm or resistance and spent for about 4-5 days with the applicant. As per radiological report her age is 18 years and she activiely participated in the crime in question. He lastly submitted that the applicant is in jail since 07.12.2017 is entitled to be enlarged on bail during the pendency of trial.

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Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.

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Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.

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In view of the above, let the applicant- Pawan Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 475 of 2017, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Amanpur, District Kasganj with the following conditions:-

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(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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

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IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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

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

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(iv) THE APPLICANT/APPLICANTS 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 APPLICANTS ARE 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 THEM 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 APPLICANTS.

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

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Order Date :- 12.4.2018 Abhishek Sri.

Pawan Kumar v. State of U.P.

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Pawan Kumar v. State of U.P.

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