Allowed

Anand Singh v. State of U.P. and Another

Allahabad HC9 Jul 2020BAIL/12875/2020

Case brief

AI extract

What is this about?

Allowing Criminal Misc. Bail Application No. 12875 of 2020, the High Court of Allahabad concluded the applicant has made a case for bail despite the serious nature of the offence within the framework of Article 21. The applicant was ordered to be released under specific conditions with bond and sureties upon restoration of normal court functioning.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding verification, trial cooperation, and restoration of court functioning.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12875 of 2020

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Applicant :- Anand Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pusp Raj Singh,Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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As per ofÏce report dated 7.7.2020 notice on opposite party no.2 has been served in person but no one has put in appearance on behalf of the opposite party no.2.

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The allegation against the applicant is of outraging the modesty of the minor girl.It has been submitted that it is a case of false implication as elder sister of the victim eloped with one Deependra, who is relative of the applicant in the year 2019.Applicant was involved in facilitating the elopement of victim with aforesaid Deependra. Applicant was not named in the First Information Report in that case he has been falsely implicated in this case.The applicant is in jail since 17.2.2020 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Anand Singh, who is involved in Case Crime No. 7 of 2020 (Special Sessions Trial No. 227 of 2020), under Sections 354 Ka, 323, 504, 506 I.P.C, and section 7/8 POCSO Act Police

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Station-Badausa , District- Banda, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the ofÏcial website of High Court Allahabad.

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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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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Order Date :- 9.7.2020 Atul kr. sri.

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.09 17:59:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Anand Singh v. State of U.P. and Another

Case brief

What is this about?

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Anand Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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