Allowed

Ravi Diwakar v. State of U.P. and Another

Allahabad HC3 Dec 2020BAIL/8206/2020

Case brief

AI extract

What is this about?

A criminal bail application was considered by the Court in a case involving Section 376 IPC and POCSO Act. The court allowed the bail prayer, directing the release of the applicant subject to strict conditions regarding court attendance and non-interference with witnesses.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two local sureties, subject to conditions of non-interference and mandatory court attendance.

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

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8206 of 2020

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Applicant :- Ravi Diwakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh,Phool Singh Yadav

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Counsel for Opposite Party :- G.A.,Ram Tiwari

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant 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 with Session Trial No. 541 of 2019 in Case Crime No. 79 of 2019, under Section 376 I.P.C. & Section 5M/6 POCSO Act, Police Station Sachendi, District Kanpur Nagar.

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Learned counsel for the applicant submits that in the FIR applicant is not named in the FIR and before the trial court victim has denied to identify the applicant. There is no possibility of the applicant of fleeing away from the judicial process 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 next contended that there is no criminal history of the applicant and he is languishing in jail since 16.02.2019.

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Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant and submit that DNA report is still awaited and there is no reason to falsely implicate the applicant.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, statement of victim before the trial court, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ravi Diwakar involved in aforesaid case crime 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 :-

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(i) The applicant shall file an undertaking to the effect that he

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will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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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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 for cancellation of bail.

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Order Date :- 3.12.2020 Israr

Ravi Diwakar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ravi Diwakar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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