Allowed

Ajmeri v. State of U.P.

Allahabad HC23 Jul 2020BAIL/6568/2020

Case brief

AI extract

What is this about?

This bail application involves an accused charged under IPC Section 354-B and POCSO Section 9/10. The High Court allowed bail, citing the spread of coronavirus, lack of criminal history, and referencing Dataram Singh, granting a personal bond without sureties pending normal court functioning.

What did the court decide?

Applicant to be released on personal bond without sureties till normal functioning of courts is restored, subject to conditions.

Ajmeri Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6568 of 2020 Applicant :- Ajmeri Opposite Party :- State of U.P. Counsel for Applicant :- Atul Tej Kulshrestha,Abhishek Kulshrestha Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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This bail application is being disposed of as per the order dated 19.7.2020 of Hon'ble the Chief Justice through Video Conferencing.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard learned counsel for the applicant and learned A.G.A. through Video Conferencing.

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The allegation against the applicant is under sections 452, 354-B I.P.C. and section 9/10 of Protection of the Children From Sexual Offence Act. It is submitted that the victim in her statement under section 164 Cr.P.c. has stated that she went with co-accused, Azad, on her own freewill and she was not abducted and her family members have falsely implicated him along with co-accused Azad in this case.The victim is major.The applicant is in jail since 3.12.2019 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of 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 Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ajmeri, who is involved in Case Crime No. 535 of 2019, under Sections 452, 354-B I.P.C, and section 9/10 of Protection of the Children

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From Sexual Offence Act, Police StationGhatampur , District- Kanpur Dehat, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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.

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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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Order Date :- 23.7.2020 Atul kr. sri.

Ajmeri v. State of U.P.

Case brief

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Ajmeri v. State of U.P.

Case brief

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