Allowed

Vikash v. State of U.P.

Allahabad HC16 Apr 2018BAIL/13887/2018

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 363, 366, 376 IPC and Section 4 POCSO, the court granted bail to the applicant. The court noted that the victim, despite being a minor at the time of the incident, had grown up to be a major girl who voluntarily married the applicant. Relying on these facts, the court deemed it a fit case for bail and imposed strict conditions.

What did the court decide?

Applicant released on bail on executing personal bond and furnishing two sureties, subject to specific conditions.

Vikash 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. - 13887 of 2018

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Applicant :- Vikash Opposite Party :- State Of U.P. Counsel for Applicant :- Pravesh Kumar 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. 68 of 2018, under Sections 363, 366, 376 IPC and Section 4 POCSO Act, P.S. Anupshahar, District Bulandshahar is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that initially the FIR of the incident was registered by the father under Section 363, 366, 504, 506 IPC and Section 18 POCSO Act, the said FIR was registered on 25.02.2018 for the incident which is said to have been taken place on 22.02.2018. The victim was recovered on 24.02.2018, when she was put to her 164 Cr.P.C. statement she states that she is student of B.Sc.-Ist year and her date of birth as per the highschool is 05.07.2000, both of them got married in Arya Samaj Mandir, the marriage certificate is annexed as Annexure-3 to the affidavit accompanying the bail application. From the highschool certificate she is major girl and there are number of other material annexed, which could not be disputed by learned AGA. He lastly submitted that the applicant is in jail since 24.02.2018 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 and keeping in view that the victim is major girl and on h er own free will and accord she has got married with the applicant. Under the circumstances, I find it to be a fit case for bail.

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In view of the above, let the applicant- Vikash 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. 68 of 2018, under Sections 363, 366, 376 IPC and Section 4 POCSO Act, P.S. Anupshahar, District Bulandshahar 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 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 229A 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 :- 16.4.2018 Abhishek Sri.

Vikash v. State of U.P.

Case brief

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Vikash v. State of U.P.

Case brief

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