Allowed

Alok Kumar v. State of U.P.

Allahabad HC14 Oct 2020BAIL/29392/2020

Case brief

AI extract

What is this about?

This bail application allowed the release of Alok Kumar on personal bond and two sureties, relying on parity with co-accused and the view in Dataram Singh, without expressing an opinion on the merits of the case under the POCSO and SC/ST Acts.

What did the court decide?

Release on personal bond and two local sureties subject to specific conditions including cooperation in trial and no tampering with witnesses.

Alok Kumar Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29392 of 2020

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Applicant :- Alok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1089 of 2020, under Sections 363, 366, 376, 120-B and 3/4 POCSO Act, 2012 and Section 3(2) 5 of S.C./S.T. Act, P.S. Quarsi, District Agra, during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the victim was in touch with co-accused Raju who enticed her away along with two persons; the applicant is not named in the F.I.R.; the name of the applicant surfaced from the statement recorded under Section 164 Cr.P.C.; the statement of the victim recorded under Sections 161 and 164 Cr.P.C. do not corroborate with the version of F.I.R. and medical report. It is further submitted that co-accused Raju has already been enlarged on bail by coordinate Bench of this Court vide order dated 23.6.2020 passed in Crl. Misc. Bail Application No.15962 of 2020, hence the applicant is also entitled to bail on the ground of parity. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 02.05.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., and evidence on record regarding complicity of the

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accused and the view laid down by the 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 applicant is entitled for bail. The bail application is allowed.

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Let the applicant-Alok Kumar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-

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

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

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

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The applicant shall remain present, in person, before the trial court on the dates fixed. 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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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.

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

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Order Date :- 14.10.2020 Meenu

Alok Kumar v. State of U.P.

Case brief

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Alok Kumar v. State of U.P.

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