Kamlesh Vs State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37323 of 2020

Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Prem Babu Verma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

¶6

The present bail application has been filed by the applicant in Case Crime No. 453 of 2019 under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station - Jasrana, District - Firozabad with the prayer to enlarge the applicant on bail.

¶7

The first information report of this incident was lodged by the complainant about the enticement of his daughter aged about 18 years on 25.11.2019 by the present accused Kamlesh, who carried away the girl on the aforesaid date on his motorcycle and the girl had returned in the evening.

¶8

The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is also submitted that the girl is major and was in consensual relationship with the accused. It is also submitted that she had gone out with the present accused out of her own sweet will. Learned counsel also submits that the statements of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. are sufficient to show that the girl was in consensual relationship with the present accused. It is lastly argued on behalf of the applicant that he is in jail since 28.05.2020 and in case of being released from jail, he will not misuse the liberty of bail.

¶9

Learned A.G.A. has opposed the prayer for bail.

¶10

Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

¶11

The prayer for bail is granted. The application is allowed.

¶12

Let applicant Kamlesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

¶13

(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;

¶14

(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence,

¶15

without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶16

(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶17

(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶18

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith 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.

¶19

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.

¶20

Order Date :- 16.12.2020 LBY

Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Deepak Vs State of U.P.

Vinod Vs State of U.P.

Kaushalya Devi Vs State of U.P.

Vishal Vs State of U.P.

Shailesh Kumar Shukla Vs State of U.P.

Wasim and 2 Ors. Vs State of U.P.