Allowed

Chandan v. State of U.P.

Allahabad HC3 Jul 2019BAIL/12423/2019

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant charged with offences under 354-C IPC and the POCSO Act. The court ordered his release on a personal bond and two sureties upon adherence to specific conditions regarding conduct during investigation and trial.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each with specific conditions regarding conduct and evidence tampering.

Chandan Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12423 of 2019

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Applicant :- Chandan Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Singh, Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Heard Mr. Manvendra Singh, learned counsel for the applicant as well as Mr. S.S. Tripathi, learned AGA for the State and perused the material placed on record.

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It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that the applicant has no concern with the alleged offence. It is also submitted by the learned counsel for the applicant that coaccused of the case namely, Dhirendra has initially sent the alleged video of the victim on the mobile phone of the applicant and video was in the mobile phone of Dhirendra, but the police has not recovered the mobile of co-accused Dhirendra. It is next submitted by the learned counsel for the applicant that no video was found on the mobile of the applicant and there is noting on record against the applicant to show his complicity. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 18.11.2018. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.

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Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Chandan, involved in case crime No. 195 of 2018, under sections 354-C IPC, section 4/6 of Indecent Representation of Women (Prohibition) Act, Section 13/14 of Protection of Children from Sexual Offences Act and section 66-E/67-A of Information Technology Act, PS Jahanabad, District Fatehpur, be released on bail on his furnishing a personal bond and two sureties each

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in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 3.7.2019 Sazia

Chandan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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