In a bail application under IPC and POCSO sections, the High Court of Allahabad, on hearing arguments via video conferencing, deemed the applicant fit for bail during pendency of trial, imposing standard conditions.
Released on bail with personal bond and two sureties.
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. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9406 of 2021
Applicant :- Mantosh @ Vishwanath Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manu Srivastava,Irshad Husain Counsel for Opposite Party :- G.A.,Vipul Kumar Singh
Hon'ble Ajit Singh,J.
Despite notice, learned counsel for the informant is not responding.
Heard learned counsel for the applicant through video conferencing, learned A.G.A. for the State, who is present in the Court and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 83 of 2020, under Sections 363, 366, 368, 376D I.P.C. and section 5/6 Protection of Children from Sexual Offences (POCSO) Act, P.S. Kandhrapur, district-Azamgarh, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged by the informant against Anish alias Unish and Tara Devi regarding disappearance of her alleged minor daughter and it was alleged in the FIR that coaccused Anish @ Unish in connivance with his mother enticed away her daughter.
Learned counsel for the applicant submits that the applicant was not named in the first information report. Although the victim in her statement recorded under Section 161 Cr.P.C. has not made any allegation against the present accused but she in her statement recorded under Section 164 Cr.P.C. has nominated the present accused. Further submission is that the applicant is absolutely innocent and has been falsely implicated in the present case being relative of co-accused Anish with whom complainant's daughter was having love affairs. She eloped
with him and gone to Lucknow and lived with him for four months. Later on she has solemnized marriage with him. He also submits that the victim as per medical opinion is aged about 16-18 years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. He lastly submits that the applicant, who is in jail since 20.11.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Mantosh @ Vishwanath Nishad be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 24.6.2021 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial in a case involving offences under IPC Sections 363, 366, 368, 376D and POCSO.
Mantosh @ Vishwanath Nishad
State of U.P.
Ajit Singh J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
