Allowed

Yaswant Raw @ Sonu v. State of U.P.

Allahabad HC16 Aug 2018BAIL/30710/2018

Case brief

AI extract

What is this about?

In a bail application under Section 306 IPC and Sections 17/18 POCSO Act, the High Court held that the applicant had made out a case for bail. Bail was granted subject to specific conditions including attendance requirements.

What did the court decide?

Applicant released on bail on personal bond and two sureties with strict undertakings regarding court attendance and no adjournments.

Yaswant Raw @ Sonu 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. - 30710 of 2018

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Applicant :- Yaswant Raw @ Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Ishan Deo Giri,Divya Puri 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 as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in case crime no.49 of 2018, under Section 306 IPC and Section 17/18 POCSO Act, Police StationKaptanganj, District-Azamgarh is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the FIR was lodged by Smt. Kalawati Devi against the applicant who is the sole named accused person in the FIR. As per the prosecution story mentioned in the FIR, the deceased(16 years) was having an affair with Yashwant(applicant). Both are the resident of the same village. As per prevailing practice of the society, lot of gossips and comments were started passing upon her and perturbed by this, she on her own wish, consumed poison and ended her life. She was quite sensitive lady and could not tolerate the canard of the co-villagers. The applicant has never ever abetted the deceased to commit suicide. The applicant is in jail since 24.04.2018, having no criminal antecedents to his credit.

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Learned A.G.A 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.

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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- Yaswant Raw @ Sonu , involved in case crime no.49 of 2018, under Section 306 IPC and Section 17/18 POCSO Act, Police StationKaptanganj, District-Azamgarh 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

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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 :- 16.8.2018 Sumit S

Yaswant Raw @ Sonu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yaswant Raw @ Sonu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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