Kavita Devi Vs State of Up — Child Sexual Offences (POCSO) | Allahabad HC (2020)

Allowed¶8

Kavita Devi v. State of Up

Allahabad HC4 Jun 2020BAIL/12995/2020

Case brief

AI extract

What is this about?

Allahabad High Court bail order dated 4.6.2020 by Justice Siddharth allowing bail to applicant Kavita Devi (counsel Rashid Ali) in Case Crime No. 174 of 2019, PS Obra, District Sonbhadra, under Sections 363, 366, 376, 420, 476, 468 IPC, Section 3/4 POCSO Act and Section 3(2) SC/ST Act; allegation of solemnizing the victim's marriage with one Bhagirath against her wishes; plea of contradiction in victim's Sections 161/164 Cr.P.C. statements and false implication after victim left with relative Keshaw on her own will; applicant in jail since 15.2.2020, no criminal history; reliance on Article 21 of the Constitution and Dataram Singh v. State of U.P. (2018) 3 SCC 22; release on personal bond and two sureties in like amount with standard conditions, interim enlargement without sureties till normal court functioning resumes; heard through video conferencing.

What did the court decide?

Bail application allowed: applicant Kavita Devi to be released on bail in Case Crime No. 174 of 2019 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with/intimidation of prosecution evidence or witnesses; sincere cooperation in trial without seeking adjournment; no criminal activity after release; bail effective only after expiry of any short-term bail under the committee constituted under Supreme Court orders; computer-generated copy of order downloaded from the official website of the High Court to be filed and verified); till normal functioning of courts is restored, enlargement on personal bond without sureties, with sureties to be furnished within a month thereafter; breach of any condition to be a ground for cancellation of bail.

What the court decided

AI extract

Outcome

Bail application allowed: applicant Kavita Devi to be released on bail in Case Crime No. 174 of 2019 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with/intimidation of prosecution evidence or witnesses; sincere cooperation in trial without seeking adjournment; no criminal activity after release; bail effective only after expiry of any short-term bail under the committee constituted under Supreme Court orders; computer-generated copy of order downloaded from the official website of the High Court to be filed and verified); till normal functioning of courts is restored, enlargement on personal bond without sureties, with sureties to be furnished within a month thereafter; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Kavita Devi, a lady involved in Case Crime No. 174 of 2019 under Sections 363, 366, 376, 420, 476, 468 IPC, Section 3/4 POCSO Act and Section 3(2) SC/ST Act, has made out a case for release on bail.

Court's answer

Without expressing any opinion on the merits of the case, and keeping in view the nature of the offence, the evidence regarding complicity, Article 21 of the Constitution and the dictum in Dataram Singh v. State of U.P. (2018) 3 SCC 22, the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions (including non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, abstention from criminal activity, and effectiveness only after expiry of any short-term bail granted under the committee constituted under the orders of the Hon'ble Supreme Court); breach of conditions to be a ground for cancellation of bail.

Key takeaways

Till normal functioning of the courts is restored, the applicant shall be enlarged on bail on execution of personal bond without sureties, and shall furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.ratio¶15

Detailed headnote1 paragraphs

Bail allowed. High Court of Judicature at Allahabad (Siddharth, J.), Criminal Misc. Bail Application No. 12995 of 2020, decided 4.6.2020: Kavita Devi, a lady alleged to have got the victim's marriage solemnized with one Bhagirath against the victim's wishes, and involved in Case Crime No. 174 of 2019 under Sections 363, 366, 376, 420, 476, 468 IPC, Section 3/4 POCSO Act and Section 3(2) SC/ST Act, P.S. Obra, District Sonbhadra, in custody since 15.2.2020 with no criminal history, was granted bail. Counsel urged contradiction in the statement of the victim under Sections 161 and 164 Cr.P.C. and the statement of her brother, and that the victim went with her relative Keshaw on her own will and later falsely implicated the applicant. Keeping in view the nature of the offence, the evidence of complicity, Article 21 of the Constitution and the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on merits, the Court directed release on a personal bond with two sureties each in the like amount, subject to conditions (no intimidation/tampering with witnesses or evidence, sincere cooperation in trial without adjournments, no criminal activity, bail effective after expiry of any short-term bail under the committee constituted under the orders of the Hon'ble Supreme Court); till normal functioning of the courts is restored, enlargement on personal bond without sureties with sureties within a month thereafter; breach of conditions a ground for cancellation of bail.

In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12995 of 2020

Applicant :- Kavita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rashid Ali Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

Heard learned counsel for the applicant and learned A.G.A. through Video Conferencing.

It is submitted that applicant is lady.The allegation against her is that she had got marriage of the victim solemnized with one Bhagirath against her wishes. There is contradiction in the statement of the victim under sections 161 and 164 Cr.P.c. and the statement of her brother. It is further submitted that victim went with her relative, Keshaw on her own will and later she has falsely implicated the applicant. The applicant is in jail since 15.2.2020. The applicant has no criminal history to her credit..

Keeping in view the nature of the offence, 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.

Let the applicant, Kavita Devi , who is involved in Case Crime No. 174 of 2019, under Sections 363, 366, 376, 420, 476, 468 I.P.C, Section 3/4 POCSO Act and 3(2) of S.C./S.T. Act Police Station-Obra , District- Sonbhadra, 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.

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

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

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

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.

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.

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

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.

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

Order Date :- 4.6.2020 Atul kr. sri.

Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.04 14:47:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad