Allowed

Pawan Kumar Gupta v. State of U.P.

Allahabad HC2 Sept 2020BAIL/11758/2020

Case brief

AI extract

What is this about?

The Single Judge of the Allahabad High Court granted bail to the applicant in a criminal case involving assault and child sexual offences. The court distinguished the case warrants bail under Article 21 and directed the trial court to expedite proceedings.

What did the court decide?

Bail granted on personal bond and two local sureties; conditions attached to ensure attendance and no witness tampering.

Pawan Kumar Gupta Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11758 of 2020

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Applicant :- Pawan Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard counsel for the applicant, Sri Sanjay Singh, learned AGA-I, for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. 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 4.2.2020, 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.

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Considering the 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 large 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.

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Let applicant- Pawan Kumar Gupta, involved in Case Crime No. 17 of 2020, under section- 354 (Ka), 506, IPC and Section 9/10 of POCSO Act 2012, Police Station - Bansdeeh Road, District- Ballia, be released on bail, on his executing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2440, if there is no legal impediment.

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Order Date :- 2.9.2020 ssm

Pawan Kumar Gupta v. State of U.P.

Case brief

What is this about?

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Pawan Kumar Gupta v. State of U.P.

Case brief

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