The application was granted bail for charges under IPC 452, 354B and POCSO sections 7/8. Release was ordered subject to bonds and conditions, directing the trial court to expedite proceedings under Article 21 jurisprudence.
Application dismissed. The applicant is released on bail furnishing a personal bond and two sureties each.
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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9579 of 2021
Applicant :- Chhatra Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Datta Tiwari Counsel for Opposite Party :- G.A.,R.P.S. Chauhan
Hon'ble Vivek Kumar Singh,J.
Heard Sri Krishna Datta Tiwari, learned counsel for the applicant, Sri R.P.S. Chauhan, learned counsel on behalf of opposite party, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to malicious intention and partibandi of the village. It is next contended that the version of first information report, statement u/s 161 Cr.P.C. and 164 Cr.P.C. are contradictory, the said fact has been mentioned in para 13 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.10.2020. It has been pointed out that the applicant has no criminal history.
Learned counsel on behalf of opposite party as well as learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, 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 larger 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- Chhatra Pal , be released on bail in Case Crime No. 396 of 2020, under Sections- 452, 354B IPC & under section 7/8 Protection of Children from Sexual Offences Act, Police Station- Milak, DistrictRampur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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 Vs. Union of India and another reported in AIR 2018 (SC) 2440 , if there is no legal impediment.
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 :- 19.7.2021 Arti
3 issues framed by the court
Whether bail should be granted to the applicant accused of offences under IPC and POCSO given the contradiction in allegations.
Whether the applicant should be released on personal bond and sureties subject to conditions.
How the trial court should expedite the trial proceedings under the law laid down by the Apex Court.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶8
(2018) 2 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India and anotherDistinguished¶16
AIR 2018 (SC) 2440 · Who else cites this
3 provisions across 3 enactments
Chhatra Pal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
