Single judge granted bail to Pradeep Kumar charged under IPC, POCSO, and SC/ST Acts for eve-teasing and assault. Bail granted on personal bond and two sureties with conditions to appear, not tamper with witnesses, and avoid illegal activities, noting jail overcrowding.
Applicant released on bail on executing personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13688 of 2021 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that the allegation of eve-teasing is specifically against one Himanshu and the injuries are simple in nature. It is argued that there are general allegations and a concocted and false story has been set up by the prosecution whereas the applicant did not commit any offence as alleged. He belongs to poor family. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 14.11.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram
Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Pradeep Kumar involved in Case Crime No. 704 of 2020, under Sections 354, 147, 323, 504 and 506 IPC, Section 7/8 of POCSO Act and Section 3(2)(5) SC/ST Act, Police Station Banna Devi, District Aligarh be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
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. The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, AIR 2018 SC 2440 , if there is no legal impediment.
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.
Order Date :- 6.9.2021 Digamber
3 issues framed by the court
Whether bail should be granted to the applicant who is facing allegations of eve-teasing, unlawful assembly, physical assault, assault by insulting, and offenses under POCSO and SC/ST Act.
Whether the conditions of personal bond and sureties should be imposed to ensure the applicant's appearance in court.
Whether the trial should be expedited to conclude within the period provided by law.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020Referred¶6
Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons
Dataram Singh v. State of U.P.Referred¶7
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of IndiaReferred¶14
Alakh Alok Srivastava Vs. Union of India and another, AIR 2018 SC 2440 · Who else cites this
9 provisions across 4 enactments
Pradeep Kumar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
