Allowed

Shailendra Kumar v. State of U.P.

Allahabad HC7 Aug 2018BAIL/29584/2018

Case brief

AI extract

What is this about?

In a bail application under CrPC 81 regarding alleged offenses under IPC and POCSO, the single judge granted bail to the applicant, releasing him on personal bond with sureties after noting the prima facie satisfaction of the charge and instructions on not tampering with witnesses.

What did the court decide?

Bail granted on personal bond with two sureties; applicant directed to cooperate in trial and not tamper with witnesses.

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

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29584 of 2018

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Applicant :- Shailendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Saroj Kumar Dubey,Kamlesh Shrama Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of this Court towards annexure-4 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein it has been stated by the victim that she had gone with the applicant out of her own free will. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 22.6.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Shailendra Kumar involved in Case Crime No.58 of

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2018, under Sections 363, 366 I.P.C. and Section 17/18 of POCSO Act, Police Station Dullahpur, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 7.8.2018 Dev/-

Shailendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shailendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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