The court allowed a bail application for an accused in a POCSO and IPC case. Relying on the delay in FIR, lack of prior criminal record, and pandemic-related jail overcrowding, the judge granted bail on personal bond and two sureties.
Released on bail by furnishing personal bond and two sureties on specified conditions.
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. - 5399 of 2021
Applicant :- Vikki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.,Chandra Prakash Pandey
Hon'ble Ajay Bhanot,J.
Heard Sri Amar Nath Tiwari, learned counsel holding brief of Sri Brij Lal Shukla, learned counsel for the applicant, Sri Indra Prakash Srivastava, learned A.G.A. for the State and Sri Chandra Prakash Pandey, learned amicus curiae.
A first information report was lodged as Case Crime No.1039 of 2020 at Police Station-Gagaha, DistrictGorakhpur under Sections 354, 504, 506, 305, 509 IPC and Section 9/10 of the POCSO Act.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (POCSO Act), Court No.3, Gorakhpur on 03.12.2020. The applicant is in jail since 29.09.2020, pursuant to the said F.I.R.
Sri Amar Nath Tiwari, learned counsel holding brief of Sri Brij Lal Shukla, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R. was lodged 6 days after the alleged incident. The unexplained delay in the F.I.R. shows that the applicant was implicated as an afterthought. The victim did not make any statement against the applicant while she was in the hospital for
a period of six days. The age of the victim as disclosed in the medical report is 18 years. Apart from the instant case, the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A as well as Sri Chandra Prakash Pandey, learned amicus curiae could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.
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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Vikki involved in Case Crime
No.1039 of 2020 at Police Station-Gagaha, DistrictGorakhpur under Sections 354, 504, 506, 305, 509 IPC and Section 9/10 of the POCSO Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.12.2021 Ashish Tripathi
2 issues framed by the court
Whether bail should be granted to the applicant given the delay in FIR lodging and lack of criminal history amidst jail overcrowding concerns.
Whether the conditions of surrender on personal bond and sureties were sufficient for release on bail.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶11
2 provisions across 2 enactments
Vikki
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
