The court allowed bail to the applicant charged with rape and murder under IPC and POCSO Act. Witness examination was completed. Unfounded criminal history. Release granted on personal bond and two sureties with conditions to avoid adjournment and ensure presence in court.
Released on bail with conditions to avoid adjournments and ensure presence.
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. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10521 of 2021
Applicant :- Karamjeet Opposite Party :- State of U.P. and Others Counsel for Applicant :- Farooq Ayoob,Neelam Singh,Nisha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
him. One day she told the accused-applicant that she would disclose this fact to her parents, then the accused-applicant threatened her. On 27/28.7.2021 when the prosecutrix was alone on her roof, the accused-applicant came there and raped her and threatened her that if she discloses this fact to her parents, he would kill her father and brother.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 in accordance with law.
( Dinesh Kumar Singh, J. )
Order Date :- 3.12.2022 A.Nigam
Digitally signed by ANUJ NIGAM Date: 2022.12.06 15:00:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the accused-applicant charged under Section 376 IPC and POCSO Act should be enlarged on bail after witnesses have been examined.
What conditions should be imposed to ensure the applicant's presence and cooperation in the trial.
Whether the prosecutor's consistent statement and the applicant's criminal history are relevant to the bail decision.
4 provisions across 2 enactments
Karamjeet
State of U.P.
Dinesh Kumar Singh
Sanjiv Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
