The High Court granted bail to Mohit Bajpai in a case involving offences under IPC and POCSO Act. The court emphasized the need for expeditious trial while setting conditions for bail.
Applicant released on bail with personal bond and two sureties, subject to conditions of cooperating with trial and not tampering with evidence.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7318 of 2018
Applicant :- Mohit Bajpai Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Prakash Singh,Pradeep Chauhan,Ravi Sahu,Rohan Gupta,Sufia Saba Counsel for Opposite Party :- G.A.,R.S. Pandey,Rajshree Malviya
Hon'ble Vivek Kumar Singh,J.
Heard Ms. Sufia Saba, learned counsel for the applicant, Sri Abhinav Prasad,learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant did not entice away the victim. As a matter of fact, victim who is major both the applicant and victim being in relationship with each other victim had gone with applicant out of her own sweet will and entered into marriage agreement, in support of this contention (a copy of the said marriage agreement has been annexed as Annexure No.8 to the affidavit filed in support of bail application). 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 22.9.2017, 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, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Mohit Bajpai, be released on bail in Case Crime No. 829 of 2017, under Sections 363,376 IPC and Section 3/4 of POCSO Act, Police Station- Naubasta, District- Kanpur Nagar, 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 trail 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.
Keeping in view the dictum of the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2004, trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 31.7.2019
ssm
2 issues framed by the court
Whether bail should be granted to the applicant accused under Sections 363, 376 IPC and POCSO Act.
Whether the trial court should be directed to expedite the trial process.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶8
(2018) 2 SCC 22 · Who else cites this
Alakh Alok Srivastava v. Union of India and othersExplained¶15
AIR 2018 SC 2004 · Who else cites this
1 provisions across 1 enactments
Mohit Bajpai
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
