Allowed

Avinash Kumar @ Balwant v. State of U.P. and Another

Allahabad HC2 Sept 2020BAIL/13508/2020

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court of Allahabad, invoking Article 21, granted bail to the applicant in a POCSO and IPC trial session. The order mandated the execution of a personal bond and local sureties while directing the trial court to expedite proceedings.

What did the court decide?

Released on bail with a personal bond and two local sureties each, subject to standard conditions of attending trial and not tampering with witnesses.

Avinash Kumar @ Balwant Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13508 of 2020

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Applicant :- Avinash Kumar @ Balwant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Heera Lal Yadav,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Sunil Kumar

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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. It is next submitted that general allegation has been levelled against the applicant which is apparent from the statement of the victim recorded under section 164 Cr.P.C. 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 29.2.2020, 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- Avinash Kumar @ Balwant, involved in Session Trial NO. 459 of 2019 in Case Crime No. 40 of 2019, under section- 452, 354, 354 Gh, 345, 506 IPC and Section- 7/8 of POCSO Act, Police Station - Sikanderpur, 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

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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

Avinash Kumar @ Balwant v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Avinash Kumar @ Balwant v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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