Allowed

Abhishek Rai v. State of U.P.

Allahabad HC25 Oct 2018BAIL/40627/2018

Case brief

AI extract

What is this about?

The Court granted bail to Abhishek Rai accused under Sections 377 IPC and POCSO. Directions were issued to expedite the trial and ensure strict observance of bail conditions. The judgment relied on the larger mandate of Article 21 and relevant Apex Court precedents.

What did the court decide?

Applicant released on bail under personal bond and two heavy sureties subject to specified conditions; trial court directed to expedite trial.

Abhishek Rai 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. - 40627 of 2018

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Applicant :- Abhishek Rai Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,S.M.Faraz I. Kazmi

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Ravi Singh Parihar, learned AGA for the State and perused the material brought on record.

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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 applicant is a well liked and respected teacher in the Dr. K.N. Modi Engineering College and because of his hard work and intelligence, has been promoted to Head of Department of MCA Department and his entire career has come under jeopardy due to his false implication in the case at hand. The said fact has been mentioned in para 31 to the affidavit filed in support of bail application. No any injury found on the body of the injured. 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 06.09.2018 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.

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Learned A.G.A. has vehemently opposed the prayer.

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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.

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Let applicant Abhishek Rai be released on bail in Case Crime No. 783 of 2018, under Sections 377 IPC & Section 3/4 of Protection of Children from Sexual Offences Act, Police Station- Modinagar, District- Ghaziabad on furnishing a

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personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(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.

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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.

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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.

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Order Date :- 25.10.2018 Arti

Abhishek Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Rai v. State of U.P.

Case brief

What is this about?

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