The Single Judge enlarged the applicant on bail acting on grounds of false implication and FIR delay. The judgment listed specific conditions for trial cooperation and absence penalty to apply if bail is misused.
Order of grant of bail to the applicant Vikki upon execution of bond and sureties on personal surety.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2957 of 2021
Applicant :- Vikki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that F.I.R. has been lodged after delay of 17 days without any proper explanation. It is stated in the F.I.R. about delay in lodging the F.I.R. that some responsible persons of the village were wanted to settle the dispute, therefore, delayed F.I.R. has been lodged. It is next submitted that statement of the victim was recorded under Section 164 Cr.P.C. in which she stated that some hot talk took place between the applicant and mother of the victim about the money. It is next submitted that there was enmity between the parties and applicant has been falsely implicated due to enmity. Applicant has no criminal history and he is in jail since 09.08.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Vikki , involved in Case Crime No. 299 of 2020, under Sections- 354-Kha I.P.C. and 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station- Kairana, District Shamli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the ofÏcial website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
without seeking any adjournment.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.1.2021 Rmk.
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.18 18:16:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in the present case after falsely implicating charges for non-cognizable offense of mental torture
Whether the FIR lodged after delay of seventeen days is valid and the applicant's claim of false implication is acceptable
What conditions shall be imposed on the applicant for bail grant without disturbing the trial process
5 provisions across 2 enactments
Vikki
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
