Allowed

Shiv Prakash Maurya v. State of U.P.

Allahabad HC8 Dec 2021BAIL/32831/2021

Case brief

AI extract

What is this about?

In this criminal bail application, the court considered the case of Shiv Prakash Maurya charged with offences under Sections 376 and 506 IPC and the POCSO Act. After hearing counsel and examining the materials, the court held that a case for bail was made out, referring to Apex Court precedents. The applicant was granted bail on the execution of a personal bond and sureties.

What did the court decide?

Bail allowed on personal bond and two reliable sureties subject to specified conditions.

Shiv Prakash Maurya Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32831 of 2021

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Applicant :- Shiv Prakash Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pandey,Saif Ali Counsel for Opposite Party :- G.A.,Ashish Pandey,Bhupendra Singh

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Shiv Prakash Maurya, in Case Crime No. 154 of 2021, under Sections 376, 506 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station-Tharwai, District-Prayagraj.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 09.07.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; accusation of rape since last two years was said in the FIR lodged on 4.6.2021; this was said under assurance of marriage, whereas no such assurance was ever given; it was consensual relation in between, she was more than 17 years and subsequently, under the pressure for getting married with applicant, this report was got lodged. Hence, bail has been prayed for.

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Learned AGA and counsel for the informant has vehemently opposed with this contention that prosecutrix is of 16 years and 07 months on the date of first physical relation; the sexual exploitation was there under assurance of marriage; subsequently, it was denied.

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Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case as well as dictum of Apex court in the case of Dataram Singh vs. State of U.P. and another , reported in (2018) 3 SCC 22, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Shiv Prakash Maurya , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 8.12.2021 Dhirendra/

Shiv Prakash Maurya v. State of U.P.

Case brief

What is this about?

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Shiv Prakash Maurya v. State of U.P.

Case brief

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