Allowed

Devendra Alias Nanhu v. State of U.P.

Allahabad HC3 May 2019BAIL/5812/2019

Case brief

AI extract

What is this about?

The Hon'ble Court granted bail to the applicant in a POCSO and IPC case. Bail was allowed based on parity with a co-accused granted bail by another bench, despite not expressing an opinion on the merits due to the severity of charges and prima facie satisfaction of the charge.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties each under specified conditions.

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

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Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 5812 of 2019 Applicant :- Devendra Alias Nanhu Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing on behalf of the State.

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This second bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.235 of 2016, under Sections 363, 366, 376-Gha, 328, 323, IPC and 3/4 POCSO Act, Police Station Talgram, District Kannauj.

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This is second bail application. The first bail application moved on behalf of the applicant was rejected on 02.05.2017 and the applicant is in jail 02.08.2016.

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It has been contended by the counsel for the applicant that the co-accused namely Kallu @ Ramkeh has been granted bail by another Bench of this Court, vide order dated 07.12.2016, passed in Criminal Misc. Bail Application No. 42820 of 2016, copy of which is produced by the counsel for the applicant, is taken on record. He further contended that the role of coaccused namely Kallu @ Ramkeh is identical to the role of present applicant, with whom parity has been claimed.

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Sri Yogeshwar Rai learned AGA appearing for the State does not dispute the factum of parity.

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In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of

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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, the applicant is entitled to be released on bail in this case.

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Let the applicant Devendra Alias Nanhu involved in the aforesaid case 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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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial Court on the date fixed.

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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 court below shall be at liberty to cancel the bail.

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Order Date :- 3.5.2019 VKG

Devendra Alias Nanhu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devendra Alias Nanhu v. State of U.P.

Case brief

What is this about?

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What the court decided

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