Allowed

Atul v. State of U.P. and Another

Allahabad HC11 Jun 2021BAIL/9775/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 342, 376, 506 IPC and 3/4 POCSO Act, the court released the applicant on bail. The prosecution, alleging wrongful confinement and rape, was unsupported by the prosecutrix's statement who denied the incident. The court found no likelihood of absconding or witness tampering.

What did the court decide?

Released on bail subject to personal bond, two sureties each, and conditions against tampering with evidence, criminal activity, intimidation of witnesses, agreeing to cooperate, and regular appearanc

Atul Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9775 of 2021

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Applicant :- Atul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mishra,Sanjay Mishra Counsel for Opposite Party :- G.A.,Vinay Kumar Tiwari

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Applicant claims to have been falsely implicated in this case on several counts; prime being that the case of the prosecution is that after keeping the prosecutrix in wrongful confinement, rape was committed upon her by the applicant and threat was also extended, whereas the prosecution version has not been supported by the prosecutrix in her statement before the trial court and she has denied any such incident having taken place as alleged against the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 11.07.2020.

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Learned A.G.A. has opposed prayer for bail.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Atul involved in Case Crime No. 400 of 2020, under Sections - 342, 376, 506 I.P.C. and Section - 3/4 POCSO Act, Police Station - Kotwali, District - Kannauj be released on bail 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:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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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 attested by 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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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 11.6.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 17:04:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Atul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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