Allowed

Shiva Yadav v. State of U.P. and Another

Allahabad HC9 Jun 2020BAIL/1980/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Shiva Yadav, already confined since February 2019, in a case involving sexual offences (IPC 376) and POCSO. Considering the applicant's cooperation and lack of criminal history alongside COVID-19 lockdown impeding surety provision, the court released him after invoking provisions allowing personal bonds during crises and imposed strict conditions.

What did the court decide?

Released on bail on personal bond and requiring execution of sureties to be furnished within one month, subject to strict conditions regarding court attendance and witness protection.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1980 of 2020

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Applicant :- Shiva Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Khursheed Anwar Alvi Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri S. Khursheed Anwar Alvi, learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant - Shiva Yadav with a prayer to release him on bail in Case Crime No. 45 of 2019, under Sections 323, 504, 506, 376 IPC and Section 3/4 POCSO Act as well as Section 3(2) (v) of SC/ST Act, Police Station - Bakewar, District - Etawah , during pendency of trial.

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From perusal of the bail application and affidavit filed in support thereof, it appears, at present:

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(i) the applicant is accused of offence under Sections 323, 504, 506, 376 IPC and Section 3/4 POCSO Act as well as Section 3(2)(v) of SC/ST Act;

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(ii) against FIR lodged on 05.02.2019, the applicant is in confinement since 07.02.2019;

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(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;

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(iv) the applicant has no criminal history;

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(v) chargesheet has already been submitted, however, there is no hope of early conclusion of the trial.

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Learned AGA has opposed the present bail application on the ground that the victim is a minor girl and that the applicant has been specifically named in the FIR.

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Having heard learned counsel for the parties and having perused the record, without drawing any inference as to fact and without suggesting any such inference, on prima facie basis, only for purpose of grant of bail, according to the applicant, he has been falsely implicated. Also, it may be noted that though the name of the applicant appeared in the FIR, however, the victim did not name the applicant in her statement recorded under Section 164 Cr.P.C. Also, learned counsel for the

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applicant would submit that there is no injury recorded in the medical report. Considering the entirety of the facts and circumstances of the case, the applicant may be enlarged on bail, though on heavy surety .

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In any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.

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This Court in Criminal Misc. Bail Application No. 11973 of 2020 (Vijay Pratap Verma Vs. State of U.P.) has, while enlarging the applicant (in that case) on bail vide order dated 09.04.2020, imposed certain conditions. I am in respectful agreement with the said order and propose to follow the same.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Shiva Yadav involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If, in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) 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.

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In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:

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" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release. "

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It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicants to intimidate the witness or to tamper the evidence or to even make contact with her either personally or through their agent or through electronic means or telephonic means or by any other means, it may result in immediate cancellation of bail being granted to the applicants, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.

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Order Date :- 9.6.2020 AHA

Shiva Yadav v. State of U.P. and Another

Case brief

What is this about?

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Shiva Yadav v. State of U.P. and Another

Case brief

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