Allowed

Ajaypal v. State of U.P. and Another

Allahabad HC7 Dec 2020BAIL/9855/2020

Case brief

AI extract

What is this about?

Criminal court granted bail to applicant Ajaypal in an offence under IPC and POCSO Act. The court held that the applicant made out a case for bail considering false implication allegations, a co-accused's parole, the pandemic situation in jails, and statutory bail guidelines, subject to conditions.

What did the court decide?

Release of applicant on bail subject to personal bond and two sureties.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9855 of 2020

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Applicant :- Ajaypal Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Counter affidavit filed on behalf of the State is taken on record. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record..

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.395 of 2019, under Sections 363, 366 IPC and 3/17 POCSO Act arising out of S.S.T. No. 2911 of 2019, Police Station-Bilsi, District-Budaun, during pendency of trial.

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present due to ulterior motive. It is further submitted that the statement of victim u/s 161 Cr.P.C. has been recorded, in which she specifically stated that she was consenting party and she has gone along with co-accused, namely, Devendra not the applicant. It is further submitted that co-accused Sagarpal having identical role to the applicant had already been granted bail by the co-ordinate Bench of this Court on 10.9.2020 in Criminal Misc. Bail Application No. 9224, therefore, the applicant is entitled for bail on the ground of parity. The applicant is in jail since 7.12.2019 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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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

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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, Ajaypal who is involved in the aforesaid case crime number 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 of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 7.12.2020 Akbar

Ajaypal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ajaypal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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