Allowed

Shailesh Kumar Gaur v. State of U.P. and 3 Ors.

Allahabad HC20 Jan 2022/12589/2021

Case brief

AI extract

What is this about?

In a criminal mercy petition, the court allowed bail to Shailesh Kumar Gaur under various IPC and special laws. The court noted delays in the FIR and lack of injury on the prosecutrix, finding the applicant primafacie fit for bail despite the serious charges.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to conditions of not tampering with evidence or witnesses.

Shailesh Kumar Gaur Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12589 of 2021

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Applicant :- Shailesh Kumar Gaur Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Dharmendra Kumar Gupta,Narendra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has no previous criminal history. The applicant is in jail since 14.9.2021.

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It is submitted that although as per first information report, the incident is said to have taken place on 2.7.2021, however, it has been lodged on 16.7.2021 after explained delay of 14 days, which makes the prosecution case suspicious and doubtful. The offences are trial by Magistrate and punishable upto seven years. The prosecutrix was subjected to medical examination. No injury has been found on the person of the prosecutrix.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, including the fact that there is unexplained delay in lodging the first information report, charge-sheet has been filed, the applicant has no criminal history, arguments advanced by learned counsel for the parties, the applicant is in jail since 14.9.2021, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed.

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Let the applicant Shailesh Kumar Gaur, involved in Case Crime No.253/2021 under sections 354Kha, 452 I.P.C.and sections 3(2)(5Ka) SC/ST Act, 9/10 POCSO Act. P.S. Salon, district Raebareli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following

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conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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.

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(v) 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.

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(vi) 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.

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Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.

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Order Date :- 20.1.2022 kkb/

Shailesh Kumar Gaur v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Shailesh Kumar Gaur v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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