Court granted bail to applicant Vishal charged under IPC and POCSO Act provisions, directing specific conditions including attendance and non-interference with witnesses, while expediting trial.
Application allowed; applicant released on bail with personal bond in the nature of two sureties and conditions set forth.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5451 of 2021
Applicant :- Vishal Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sohan Lal Yadav,Smita Singh Deo Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is further submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. It is next submitted that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. It is next submitted that there is various contradictions in the version of F.I.R. as well as statement recorded under section 161 and 164 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 13.09.2020, has no previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, 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.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and large mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Vaishal, involved in Case Crime No. 510 of 2020, under section- 363, 366, 354A, IPC and Section 7/8 of POCSO Act, Police Station - Sector- 39, Noida, District- G.B. Nagar, be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
before the court concerned on the date fixed after release.
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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2440, if there is no legal impediment.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 2.9.2021
ssm
2 issues framed by the court
Whether bail should be granted to an accused charged with offences under IPC and POCSO Act considering the prima facie evidence and conditions of bond.
Whether the trial proceedings can be expedited without legal impediment.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 2 SCC 22 · Who else cites this
Sue, Motu Writ Petition (c) No. 1/2020Referred¶9
Sue, Motu Writ Petition (c) No. 1/2020
Alakh Alok Srivastava v. Union of India and othersReferred¶17
AIR 2018 SC 2440 · Who else cites this
2 provisions across 2 enactments
Vishal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
