Allowed

Pramod Kumar v. State of U.P.

Allahabad HC17 Apr 2019BAIL/992/2019

Case brief

AI extract

What is this about?

In a bail application under Cr.P.C., the Court allowed the release of the applicant who was temporarily implicated in offences under Section 354 IPC and POCSO Act. Finding the applicant had made out a case for bail, the Court ordered release on bond with strict conditions to ensure witness safety and appearance.

What did the court decide?

Release of Pramod Kumar on bail on furnishing a personal bond and two sureties, subject to conditions regarding evidence, witnesses, and police reporting.

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

¶1

Court No. - 60

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 992 of 2019

¶3

Applicant :- Pramod Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Suresh Kumar Gupta,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record.

¶6

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. He further submitted that incident occurred on 02.08.2018 and F.I.R. was registered on an application under Section 156(3) Cr.P.C. on 27.09.2018. That no plausible explanation given by the informant regarding delay in lodging the F.I.R. That initially offence against the applicant was registered under Sections 376, 504, 506 and 3/4 of POCSO Act. That although in statement under Section 161 as well as 164 Cr.P.C. victim has supported the version of prosecution as lodged in the F.I.R. but afterward the Investigating Officer had collected the love letter of the victim which shows that she is previously indulged with the applicant in love. That afterward again statement under Section 161 Cr.P.C. is recorded of the victim in which she has clearly stated that no offence of rape has been committed against herself and Section 376 I.P.C. related and converted under Section 354 I.P.C. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 17.11.2018.

¶7

Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.

¶8

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

¶9

Let the applicant Pramod Kumar involved in Case Crime No.133 of 2018, under Sections 354, 504, 506 I.P.C. and 7/8 POCSO Act, P.S. Assothar, District Fatehpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

¶10

(i)The applicant will not tamper with the evidence during the trial.

¶11

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

¶12

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

¶13

(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.

¶14

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶15

Application is, accordingly, disposed of.

¶16

Order Date :- 17.4.2019

¶17

Vibha Singh

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Annapurna Mishra Vs State of U.P. and Another

Rishi Pal Chandel and Others. Vs State of U.P and Another

Sajjan Singh and Others Vs State of U.P. and Another

Usman Vs State of U.P.

Abhishek Yadav Vs State of U.P.

Rashid Vs State of U.P.