Allowed

Sumit Vishwakarma @ Rikki v. State of U.P.

Allahabad HC3 Feb 2020BAIL/2638/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The single judge granted bail to the applicant charged under Sections 363, 366, and 368 IPC, subject to furnishing sureties and complying with conditions regarding witness tampering and court cooperation, citing innocence claims and lack of flight risk despite the victim's age.

What did the court decide?

Bail granted on furnishing a personal bond and two reliable sureties, subject to conditions against tampering with evidence and ensuring cooperation with the trial.

Sumit Vishwakarma @ Rikki Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2638 of 2020

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Applicant :- Sumit Vishwakarma @ Rikki Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.670 of 2019, under Sections 363, 366 & 368 I.P.C., Police Station Mugalsarai, District Chandauli, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the informant. He has committed no offence. Entire prosecution story is false and fake. As per statement under Section 164 Cr.P.C., role of applicant is said to have taken the victim aged about 15 years to the house of her friend Shreya and no other allegation has been levelled against the applicant by the victim. Victim has been recovered by the Police from the house of Shreya. Applicant is in jail since 13.12.2019 having no criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.

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Learned A.G.A. opposed the prayer for bail but did not disputed the factual submissions made by the learned counsel for the applicant and submitted that applicant has seduced the victim aged about 15 years and took her away.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, age of victim,

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statement of victim under Section 164 Cr.P.C. and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant Sumit Vishwakarma @ Rikki be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 3.2.2020 I.A.Siddiqui

Sumit Vishwakarma @ Rikki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sumit Vishwakarma @ Rikki v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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