Allowed

Himanshu v. State of U.P. and Another

Allahabad HC21 Jun 2021BAIL/13056/2021

Case brief

AI extract

What is this about?

Hearing a criminal bail application filed by an individual accused under sections 354A IPC and 6/7 POCSO Act, the court observed that the applicant has made out a case for bail considering the nature of evidence and complicity. The application was allowed with specific conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties subject to specified conditions regarding presence and conduct.

Himanshu Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13056 of 2021

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Applicant :- Himanshu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suhas Subhash Mehta,Arvind Mishra Counsel for Opposite Party :- G.A.,Yogesh Kumar Mishra

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Hon'ble Shekhar Kumar Yadav,J.

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This matter is listed for hearing through video conferencing. Link has been sent to the respective learned counsels. Learned Counsel for the applicant and learned A.G.A. for the State are connected through the link.

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

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By means of this application, the applicant who is involved in Case Crime No.2014 of 2020, under Sections 354A(1)(ii)(ix) IPC and Section 6/7 POCSO Act, Police Station Sihani Gate, District Ghaziabad, is seeking enlargement on bail during the trial.

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Submission made by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. He further submits that the applicant has not named in the F.I.R. and in the statement recorded under Section 161 Cr.P.C. no allegation has been levelled against the applicant. He further submits that the applicant is nothing to do with the aforesaid offence. Learned counsel for the applicant submits that if the applicant is released on bail the applicant undertakes that he will not misuse the liberty of bail. The applicant has no criminal history. He further submits that the applicant is innocent and he is languishing in jail since 27.12.2020.

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Learned counsel for the informant as well as learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant Himanshu, who is involved in Case Crime

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No.2014 of 2020, under Sections 354A(1)(ii)(ix) IPC and Section 6/7 POCSO Act, Police Station Sihani Gate, District Ghaziabad, 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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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 IPC.

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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., MAY BE ISSUED AND IF 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 IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a

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ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned. 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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Order Date :- 21.6.2021 pks

Himanshu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Himanshu v. State of U.P. and Another

Case brief

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