Allowed

Anil Sahni v. State of U.P.

Allahabad HC8 Jan 2020BAIL/834/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. Court held that despite severity of offence under IPC and POCSO, applicant made out a prima facie case due to conflicting victim statements and lack of prior criminal history, ordering release on bond with conditions.

What did the court decide?

Released on bail furnishing personal bond and two reliable sureties subject to conditions of attending trial, not tampering with witnesses, and no illegal activities.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 834 of 2020

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Applicant :- Anil Sahni Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This bail application has been filed by the applicant seeking bail in Case Crime No. 194 of 2019, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, P.S. Purandarpur, District Maharajganj.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has drawn the attention of the Court to the statement of the victim recorded under Section 161 CrPC, in which, she has stated that the applicant was known to her and she had gone to Gorakhpur along with the applicant by boarding a bus and from there, they had gone to Hyderabad and stayed there for 2-3 days and thereafter, they came at Delhi and thereafter, they left for Gorakhpur and stayed there for 2-3 days and while they were returning back, they were apprehended by the police and no physical relation has been made between her and the applicant. However, in the statement of the victim recorded under Section 164 CrPC, she has stated that the applicant had forcibly taken to Hyderabad and committed rape upon her.

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Learned counsel for the applicant has submitted that as per the medical report, the victim is aged about 18 years and she is a major.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 22.09.2019 and he has no criminal history to his credit.

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Learned counsel for the applicant has next submitted that from the perusal of the statements of the victim recorded

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under Sections 161 and 164 CrPC, there is marked improvement, as such, prima facie a case for bail is made out.

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Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 22.09.2019 and he has no criminal history to his credit.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant Anil Sahni be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 8.1.2020 Nadim

Anil Sahni v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anil Sahni v. State of U.P.

Case brief

What is this about?

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What the court decided

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