Court granted bail to the applicant in a case involving IPC offences and POCSO, citing constitutional mandates and precedent. The applicant must furnish a bond and sureties and cooperate with the trial.
Release of applicant on bail furnished with personal bond and two sureties each, subject to conditions of appearance and non-tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35711 of 2018
Applicant :- Praveen Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Ravi Singh Parihar, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that due to demanding of rent of house from complainant mother the applicant has falsely been roped in the present case, the applicant has nothing to do with the commission of alleged offence. The said fact has been mentioned in para 12 to the affidavit filed in support of bail application. It is also submitted that as per statement of victim recorded u/s 164 Cr.P.C. no specific role has been assigned to the applicant with regard to alleged crime. A copy of the statement of victim has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. There is no independent witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 21.06.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Praveen Kumar be released on bail in Case Crime No. 650 of 2018, under Sections 147, 354Ka, 452, 323, 504,
506 IPC & Section 7/8 of Protection of Children from Sexual Offences Act 2012, Police Station- New Agra, District- Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004 , if there is no legal impediment.
Order Date :- 20.9.2018 Arti
3 issues framed by the court
Whether the applicant is eligible for release on bail in a criminal case involving IPC offences and POCSO.
Whether the applicant poses a risk of fleeing or tampering with witnesses.
Whether the trial court is directed to expedite the proceedings.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherFollowed¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India and anotherExplained¶13
Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004 · Who else cites this
7 provisions across 2 enactments
Praveen Kumar
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
