Allowed

Abhishek Verma v. State of U.P.

Allahabad HC24 Jun 2021BAIL/19052/2021

Case brief

AI extract

What is this about?

Honble Justice Ajit Singh allowed Criminal Misc. Bail Application No. 19052 of 2021 filed by Abhishek Verma. The court granted bail prima facie, subject to conditions regarding presence in court and prohibition against misuse of liberty under sections of the Cr.P.C. and IPC.

What did the court decide?

Bail granted on a personal bond and two sureties, with conditions regarding presence in court and adherence to trial dates.

Abhishek Verma Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19052 of 2021

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Applicant :- Abhishek Verma Opposite Party :- State of U.P. Counsel for Applicant :- Sangam Lal Kesharwani Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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The present bail application has been filed by the applicant in Case Crime No. 304 of 2020, under Sections 376, 506 IPC, Police Station Kotwali, District - Shahjahanpur with the prayer to enlarge the applicant on bail.

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The report of this incident was lodged by the alleged victim against the present accused applicant Abhishek Verma under the above mentioned sections of the Indian Penal Code on 19.06.2020 and it was alleged in the report that the last incident of sexual harassment happened against her on 31.05.2020. The victim has also stated that she had met the accused during her study and was having friendship with accused and the accused had raped her on the pretext of false promise of marriage and the accused had taken her photographs and is blackmailing her with the video clips made by him.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is also argued that the girl was in consensual relationship with the accused and was major. Further submission is that the girl was medically examined, the doctor found her hymen old torn and healed. On the basis of this medical evidence he argues that it supports his submission that the girl was in consensual relationship with the accused. It is also submitted by him that the doctor has also given a report that there was no sign of any external or internal injury on the body of the victim. The doctor has also opined that there was no sign of use of force on her. Lastly, it is argued that the applicant is in jail since 09.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Abhishek Verma involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses

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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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(2). 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 of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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 :- 24.6.2021 LBY

Abhishek Verma v. State of U.P.

Case brief

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Abhishek Verma v. State of U.P.

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