Court released applicant on bail in case involvingIPC 376 and POCSO charges, noting victim hostilities during trial and lack of flight risk, subject to personal bond and sureties.
Released on bail by furnishing a personal bond and two sureties of like amount to the satisfaction of the court concerned.
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. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48222 of 2020
Applicant :- Teenu @ Vikal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicant is virtually connected through video conferencing and learned A.G.A. is personally present in Court for the hearing of this case.
From perusal of the letter of concerned C.J.M. dated 01.03.2021, it appears that opposite party no. 2 has been served but none has put in appearance on behalf of opposite party no. 2.
Heard learned counsel for the parties.
The present bail application has been filed by the applicant Teenu @ Vikal with a prayer to enlarge him on bail in Case Crime No. 49 of 2020, under Sections 452, 376, 506 I.P.C. and Section 3/4 P.O.C.S.O. Act, Police Station Nanauta, District Saharanpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that after filing of the charge sheet, the trial commenced before the court below and during trial victim and the informant both have turned hostile. Learned counsel for the applicant has submitted that he has already filed the supplementary affidavit online annexing the statements of the victim and the complainant but the same is not on record. Further submission is that there is every possibility of acquittal of the accused-applicant. The accused-applicant is prepared to
furnish the surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 15.02.2020, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter. He has also conceded that to the arguments that both the victim and the informant have turned hostile during trial. Even though, supplementary affidavit, so filed by the applicant is not on record. However, the learned A.G.A. has said that he has the copy of said supplementary affidavit and this aspect of the argument of the learned counsel for the applicant is not disputed. For perusal, learned A.G.A. has produced the copy of said supplementary affidavit, which is also taken on record.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also the fact that the both the victim and the complainant have turned hostile, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of
charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.6.2021 sailesh
3 issues framed by the court
Whether the applicant is entitled to bail having turned hostile in the trial.
Whether the applicant can be released on bail pending further trial.
What conditions should be imposed for the grant of bail.
4 provisions across 3 enactments
Teenu @ Vikal
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
