The Court granted bail to the applicant charged with offences under IPC and POCSO Act, citing prima facie satisfaction, reformative theory, Article 21 considerations, and jail overcrowding, subject to conditions.
Applicant released on bail by furnishing a personal bond and two sureties of Rs. Two Lacs each, subject to specific conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17011 of 2021
Applicant :- Hari Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Prajapati,Dinesh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to dispute in respect of land between the parties situated near temple. It is next contended that no injury has been found over external part of body of the victim and she refused internal examination as well as determination of age, a copy of medical report has been annexed as Annexure No 2 to the supplementary affidavit. 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 has 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. It has also been submitted that the applicant is languishing in jail since 07.02.2021. Criminal history of the applicant has been duly explained in paragraph no. 2 of the supplementary affidavit.
Learned A.G.A. has vehemently opposed the prayer.
Courts have taken notice of the 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 the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Hari Shankar , be released on bail in Case Crime No. 04 of 2021, under Sections- 354-B, 323, 504, 506 IPC and 9/10 POCSO Act, Police Station- Musa Nagar, District- Kanpur Dehat (Rambai Nagar), on furnishing a personal bond and two sureties of Rs. Two Lacs each (One should be of a family member) before the magistrate/court concerned, subject to 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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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 reported in 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 :- 29.9.2021 Arti
2 issues framed by the court
Whether the applicant is entitled to bail in the present criminal case.
Whether overcrowding during the pandemic warrants bail consideration.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 2 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India and anotherReferred¶18
AIR 2018 (SC) 2440 · Who else cites this
Hari Shankar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
