Allowed

Ajay Kumar v. State of U.P.

Allahabad HC23 Mar 2021BAIL/6711/2019

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Ajay Kumar in a POCSO and rape case. It directed release upon furnishing a personal bond and two sureties, subject to conditions regarding attendance and non-interference with witnesses.

What did the court decide?

Release on bail conditioned by personal bond and two sureties; undertakings to avoid tampering, harassment, delays, and to attend specified court dates.

Ajay Kumar Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6711 of 2019

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Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh,Ashok Kumar Tripathi,Vijay Babu Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard Sri Kartikey Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Ajay Kumar with a prayer to release him on bail in Case Crime No. 314 of 2014, under Sections 376-D, 323 IPC & Section 5/6 POCSO Act, Police Station Naujheel, District Mathura , during pendency of trial.

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Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the victim in her statement u/s 164 Cr.P.C., has categorically stated that the applicant has committed rape. But the medical report of the victim does not support the prosecution version. The applicant has no previous criminal antecedents as stated in para-11 of the affidavit and is in jail since 06.01.2015. If he is released on bail he will never misuse the liberty and will cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in the 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 that :-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law and the trial court may proceed against him/her under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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.

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The bail application is allowed.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self

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attested by the counsel of the party concerned.

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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.

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Order Date :- 23.3.2021 Priya

Ajay Kumar v. State of U.P.

Case brief

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Ajay Kumar v. State of U.P.

Case brief

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