In a bail application under Sections 376 IPC and 3 POCSO Act, the High Court deemed it appropriate to enlarge the accused on bail during the trial, subject to specific conditions, without expressing an opinion on the merits of the case.
Applicant released on bail on personal bond and two sureties with conditions to attend trial.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13672 of 2018
Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 288 of 2017, under Section 376 I.P.C. and 3/4 Protection of Children from Sexual Offences (POCSO) Act, Phariha, district-Firozabad, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the father of the victim against the present accused, alleging therein that on 19.12.2017 at about 4:40 p.m. when the daughter of the complainant had gone to the field to cut the grass, the present accused had caught hold her and committed rape with her.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that although the applicant was named in the FIR but the alleged victim has not supported the prosecution case in her statement recorded before the trial court, copy whereof has been filed as Annexure-SA1 to the supplementary affidavit. He lastly submits that the applicant, who is in jail since 21.12.2017 and the trial has not yet been concluded and the applicant is having no criminal history, is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Pradeep be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.11.2020 Faridul
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of trial in a case involving rape under Section 376 IPC and POCSO Act.
Whether the applicant's assertion of innocence and victim's lack of support in her statement warrants bail.
Pradeep
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
