Allowed

Bhagauti v. State of U.P. and Another

Allahabad HC5 Mar 2020BAIL/10087/2020

Case brief

AI extract

What is this about?

The court granted bail to Bhagauti, charged with rape and false implication under IPC and POCSO, noting the victim's statement suggesting false naming. Bail conditions prohibited tampering with evidence and ensured court attendance.

What did the court decide?

Release on furnishing a personal bond and two sureties with stringent conditions prohibiting evidence tampering, victim harassment, and bail misuses, subject to prosecution conditions.

Bhagauti Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10087 of 2020

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Applicant :- Bhagauti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava,Raj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and the learned A.G.A.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Bhagauti , seeking enlargement on bail during trial in connection with Case Crime No. 03 of 2020, under Sections 376-D, 506 I.P.C. and Section 4 of the POCSO Act, 2012 registered at P.S. Raipura, District Chitrakoot.

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Learned counsel for the applicant argued that in spite of the fact that the applicant with another persons namely Angad Chamar is named in the F.I.R lodged by Birjis Ali father of the victim alleging therein that they both committed rape on his daughter who is aged about 17 years but in the statement recorded under Section 164 Cr.P.C. / Annexure- 4 to the affidavit of the victim / prosecutrix she has stated that Angad committed rape on her and had instructed her not to disclose to anyone but if under any circumstances she has to disclose the fact then she should take the name of the present applicant, Bhagauti and implicate him to which she got terrorized and named Angad and Bhagauti both as the accused persons. She further clarified in her statement that the present applicant, Bhagauti is innocent and he has not committed rape, false implication is pleaded. The applicant is in jail since 04.01.2020 having no criminal history.

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Per contra learned A.G.A opposed the prayer for bail but could not dispute the arguments raised by the learned counsel for the applicant.

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Let the applicant, Bhagauti, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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. Order Date :- 5.3.2020 AS Rathor

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(Samit Gopal,J.)

Bhagauti v. State of U.P. and Another

Case brief

What is this about?

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Bhagauti v. State of U.P. and Another

Case brief

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